Digital Commons Network^™

Oswald Research And Creativity Program, Uk Office Of Undergraduate Research

Kaleidoscope

No abstract provided.

Toward A Functional Alternative To Courtroom Adjudication: The Federal Arbitration Act And Third Party Document Discovery, Sara Rosenberg

Fordham Law Review

No abstract provided.

How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen

Fordham Law Review

Criminal adultery bans, despite widespread transgression and lax enforcement, remain on the books in a substantial minority of states. The landmark Lawrence v. Texas decision casts doubt on all state interference with consensual sexual activity among adults, including adultery bans. Additionally, adultery bans on their face implicate the Establishment Clause, due to adultery bans' and marriage's roots in religious doctrine and religiosity. This Note examines the constitutionality of adultery bans after Lawrence v. Texas, and proposes a novel approach to substantive due process analysis that applies Establishment Clause values. In proposing what this Note dubs the "Establishment Clause prism," through …

Reconciling Ripley And Joye: A Fact-Sensitive Analysis Of Petition-Year And Pre-Petition-Year Income Tax Claims In Chapter 13 Bankruptcies, Janicelynn J. Asamoto

Fordham Law Review

Parties to a chapter 13 bankruptcy often contest the status and dischargeability of income tax claims, especially when proofs of claim for these taxes are filed late. Prepetition claims that are filed late may be discharged once the debtor successfully completes a chapter 13 repayment plan. Taxing authorities, however, often allege that these liabilities represent nondischargeable postpetition claims that have "become payable" after the bankruptcy petition was filed. Courts have resolved this issue in conflicting ways: while some have found that taxes "become payable" at the end of the taxable year, most have ruled that the tax return's due date …

Reconciling Originalism And The History Of The Public Use Clause, Emily A. Johnson

Fordham Law Review

The history of the Fifth Amendment’s Takings Clause is virtually nonexistent. For at least the last century, the U.S. Supreme Court has interpreted its public use language broadly, allowing takings for the purposes of rectifying urban blight, facilitating land redistribution, and most recently, in Kelo v. City of New London, promoting economic benefit. In that case, Justice Thomas dissented vigorously, arguing that the Kelo Court had strayed from the original meaning of public use and urging it to return to requiring actual use by the public when property is condemned. In light of Justice Thomas’s argument that the Court had …

Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva Orenstein

Fordham Law Review

In 2004, Crawford v. Washington, authored by Justice Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment’s Confrontation Clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully. Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the murder …

Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer

Fordham Law Review

No abstract provided.

Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Linda Carter, Professor of Law and Director, Legal Infrastructure and International Justice Institute, University of the Pacific, McGeorge School of Law

The extensive experience of the distinguished international jurists on this panel with human rights law and related fields will form the basis for insights and perspectives into the history and development of human rights norms. The panelists will examine the current importation of human rights norms into other areas of law and predictions for future development.

A Case Study In Frontier Warfare: Racial Violence, Revenge, And The Ambush At Fort Laurens, Ohio, Kyle Somerville

Journal of Contemporary Anthropology

In February of 1779, a combined British and Native American raiding party ambushed a small group of American soldiers at an isolated fort on the Ohio frontier. The attack resulted in the deaths of at least 13 soldiers, many of who died from massive head injuries that, to modern researchers, do not appear to have been tactically necessary. However, rather than being an isolated instance of savagery or wartime atrocity this paper considers the ideological and cultural bases of violence behind the trauma, and will argue that the Fort Laurens ambush was just one example of violence in a long …

Ambiguous Assessment: Critiquing The Anthropology Graduate Admissions Process, Elizabeth A. Marks

Journal of Contemporary Anthropology

This article presents a survey of admissions processes employed by 43 American anthropologydepartments. Motivated by a desire to begin a dialogue about how candidates can be better prepared tosubmit an application, and to assess how individual departments make admissions decisions, I conducteda survey of faculty within these departments using both email and a web-based survey tool. Additionally,I spoke to prospective doctoral student users of a particular online forum– thegradcafe.com– to assesstheir understanding of the process and their confidence about admissions. Herein, I further attempt toexplain why a transparent admissions process is in the interest of anthropology graduate programs, andsuggest how …

Too 'High' Tech: Metonymical Fallacies And Fetishism In The Perception Of Technology, Aníbal García Arregui

Journal of Contemporary Anthropology

This paper suggests that technology is excessively ‘high’ in two senses. The first sense refers to a high level of logical or grammatical abstraction: artifacts and machines are designated (in medias, everyday and scientific discourses) as ‘technology’, a word that etymologically refers to the knowledge surrounding those artifacts. Following the Logical Types Theory, the fact of designating concrete artifacts with the level of abstraction which corresponds to the totality containing those artifacts, leads us into metonymical or “vicious circle fallacies” (Whitehead & Russell, 1962). The second sense of ‘highness’ is symbolic. Recent works on Anthropology of Technology show that machines …

From Institutional Misalignments To Socially Sustainable Governance: The Guiding Principles For The Implementation Of The United Nations' "Protect, Respect And Remedy" And The Construction Of Interbysystemic Global Governance, Larry Catá Backer

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law

This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …

The Intersection Of Tort And Environmental Law: Where The Twains Should Meet And Depart, Mark Latham, Victor E. Schwartz, Christopher E. Appel

Fordham Law Review

The explosion of environmental statutes over the past forty years, giving rise to the field of environmental law, has created a critical and evolving question in our legal system as to how this comparatively new field of law intersects with the common law of torts. Defining the proper role of tort law in remedying environmental injuries is an important matter of public policy; the answer will determine what the tort system can and cannot achieve, inform what it should and should not achieve, and clarify which common law enforcement areas are actually voids. This information assists the judiciary on its …

Foreign Official Immunity And The “Baseline” Problem, Chimène I. Keitner

Fordham Law Review

No abstract provided.

Notes On Official Immunity In Ats Litigation, William R. Casto

Fordham Law Review

No abstract provided.

Asking The Right Questions About Officer Immunity, Richard H. Fallon, Jr.

Fordham Law Review

No abstract provided.

Taking Supremacy Seriously: The Contrariety Of Official Immunities, Donald L. Doernberg

Fordham Law Review

No abstract provided.

Lending Libraries: An Investigation Into The Educational Impact Of Extracurricular Enrichment In Rural Uganda, Courtney M. Cox

Kaleidoscope

No abstract provided.

Cal Poly Helps Food Bank Find Hunger Spots In San Luis Obispo County, Public Affairs Office

Press Releases

No abstract provided.

The Observer, Central Washington University

Student Newspaper

Student newspaper for Central Washington University for November 3-9, 2011. Vol. 89, No. 6.

Staff Council Communications Committee Meeting, 11/3/2011, Unm Staff Council

UNM Staff Council

No abstract provided.

Staff Council Compensation Committee Meeting, 11/3/2011, Unm Staff Council

UNM Staff Council

No abstract provided.

Chanticleer | Vol 60, Issue 8, Jacksonville State University

Chanticleer

No abstract provided.

Senate Minutes 11-3-11, Kutztown University Of Pennsylvania

Senate Minutes

No abstract provided.

Boise State International Insider Newsletter, 2011-11-03, International Student Services

International Student Services

No abstract provided.

2011 Northwest Arkansas Report Card, Gary Ritter

Education Report Card

Each year, the Office for Education Policy creates a state report card that highlights recent student achievement, achievement gaps, student demographics, and financial information for schools across the entire state of Arkansas. Because we are housed in the University of Arkansas at Fayetteville, which is in the Northwest Arkansas region, we have created an edition of the report card specific to the this region. Here, we present the most recent report card data for schools in Washington and Benton counties in Northwest Arkansas.

The following districts are included for the Northwest Arkansas (NWA) average: Bentonville, Decatur, Elkins, Farmington, Fayetteville, Gentry, …

Commonwealth Times 2011-11-03

Commonwealth Times, 1969-

No abstract provided.

Review: Dairy Queens: The Politics Of Pastoral Architecture From Catherine De' Medici To Marie-Antoinette By Meredith Martin, Jean-François Bédard

School of Architecture - All Scholarship

Bédard gives a review of Meredith Martin's Dairy Queens: The Politics of Pastoral Architecture from Catherine de' Medici to Marie-Antoinette (Harvard University Press, 2011). This book traces the history of the pleasure dairy, a feature of the pastoral movement in Europe from a feminist perspective. Martin study draws on the literature dealing with the role of the visual arts in the construction of female subjectivity in Modern France to make the case of the importance of pleasure dairies as sights of empowerment from French Noblewomen. Bédard states that Dairy Queens is a strong contribution to discussions of how architecture and …

Spartan Daily November 3, 2011, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily (School of Journalism and Mass Communications)

Volume 137, Issue 37

Eastern Progress - 3 Nov 2011, Eastern Kentucky University

Eastern Progress 2011-2012

No abstract provided.