Digital Commons Network^™

Called "Out" At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Faculty Scholarship

One of the harshest collateral consequences of a juvenile delinquency case is the prospect of eviction from public housing. Under the federal government’s One Strike policy, public housing authorities are encouraged to evict families for any criminal act by their children, no matter how trivial. This politically popular policy creates more social ills than it cures. There is no evidence that it reduces crime in public housing, but there is abundant evidence that it makes families homeless, puts children out on the street, leads police departments to breach laws concerning confidentiality of juvenile proceedings, and creates conflicts of interest between …

Bulletin 2011-2012, Seattle University School Of Law

Viewbooks

No abstract provided.

The Impacts Of Culture On Cross-Border Mergers And Acquisitions Post-Financial Performance In The Banking Industry Using Multi-Group Structural Equation Modeling, Tarek Kandil

Plymouth Business School Theses

This thesis is concerned with the impacts of national culture on the cross-border-mergers and acquisitions performance in the banking industry across Egypt and UK through studying the role of the human side as a mediator variable. The main conceptual framework has been developed based on the GLOBE cultural project. It perceives the national culture as a multi-dimensional construct that interacts between levels. The thesis consists of a mixed methods approach which investigated international mergers and acquisitions by banks in Egypt and the UK from 2004 to 2007. The data collection process was carried out between June 2008 and November 2009 …

The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake A. Watson

Seattle University Law Review

In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.

This Article sheds light on …

In Re Hydrogen Peroxide: Reinforcing Rigorous Analysis For Class Action Certification, Sarah Rajski

Seattle University Law Review

This Comment explores the reasons why the Third Circuit’s high rigorous analysis standard, which increases a district court’s role in the class certification process, should be reviewed and adopted by the Supreme Court. Part II contains an overview of the history of class actions, the class certification process, and the procedural requirements under FRCP 23. Part III analyzes the Third Circuit’s rigorous analysis standard for certification of a class action and discusses the three standards that district courts must apply when considering class certification motions. Part IV explores other relevant federal court class certification decisions, examines the principal case at …

Separate Representations Of Dynamics In Rhythmic And Discrete Movements: Evidence From Motor Learning, Ian S. Howard, James N. Ingram, Daniel M. Wolpert

School of Engineering, Computing and Mathematics

No abstract provided.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States, Linda C. Mcclain

Faculty Scholarship

In Heart of Atlanta Motel v. United States (1964), the U.S. Supreme Court unanimously affirmed Congress’s power under the Commerce Clause to pass Title II, the public accommodations component of the Civil Rights Act of 1964 (CRA). The Johnson Administration expressed hope that this unanimous decision would aid the “reasonable and responsible acceptance” of the CRA. A less familiar legacy of this case is the role played by the Thirteenth Amendment and its declaration that “neither slavery and involuntary servitude . . . shall exist within the United States.” The owner of the Heart of Atlanta Motel unsuccessfully invoked this …

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Faculty Scholarship

A basic tension in the U.S. constitutional and political order exists between two important ideas about the relationship between civil society and the state: (1) families, religious institutions, voluntary associations, and other groups are foundational sources, or “seedbeds,” of virtues and values that undergird constitutional democracy, and (2) these same institutions guard against governmental orthodoxy and overweening governmental power by generating their own distinctive virtues and values and by being independent locations of power and authority. The first idea envisions a comfortable congruence between civil society and government: the values and virtues - and habits and skills - cultivated in …

Arbitration In Autumn, William W. Park

Faculty Scholarship

Often invoked as a metaphor for decline and decay, autumn also carries a sense of robust maturity bringing fruitful harvest and new beginnings. The season’s double symbolism evokes rival visions of arbitration today. Some observers see a golden age of cheap and cheerful proceedings as replaced by a costly complexity that fails arbitration’s promise of coherent and efficient dispute resolution. On closer scrutiny, however, arbitration reveals itself as having arrived at its autumn not in the sense of decay, but rather with vital maturity. Productive exchanges among the various stakeholders in the process serve to refine the counterpoise among accuracy, …

Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

Book Review: Advances In Research In Karst Media, Bartolomé Andreo Navarro

International Journal of Speleology

No abstract provided.

Secondary Halite Deposits In The Iranian Salt Karst: General Description And Origin, Michal Filippi, Jiří Bruthans, Lukáš Palatinus, Mohammad Zare, Naser Asadi

International Journal of Speleology

This paper summaries 12 years of documentation of secondary halite deposits in the Iranian salt karst.

A variety of secondary halite deposits was distinguished and classified into several groups, on the basis of the site and mechanism of their origin. Deposits formed: i) via crystallization in/on streams and pools, ii) from dripping, splashing and aerosol water, iii) from evaporation of seepage and capillary water, and iv) other types of deposits. The following examples of halite forms were distinguished in each of the above mentioned group: i) euhedral crystals, floating rafts (raft cones), thin brine surface crusts and films; ii) straw …

Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young

Faculty Scholarship

In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection,1 the U.S. Supreme Court divided over the question whether takings alleged to have occurred as a result of judicial action should be treated identically to takings by legislative or executive actors. In this essay, we accept the plurality’s basic contention that it makes little sense to treat judicial takings of property categorically differently than takings by other branches of government. If a judge decided to condemn property for a highway project, for example, we agree with Justice Scalia that the Constitution would compel compensation, just as it does …

The Money Blind: How To Stop Industry Bias In Biomedical Science, Without Violating The First Amendment, Christopher Robertson

Faculty Scholarship

The pharmaceutical and medical device industries use billions of dollars to support the biomedical science that physicians, regulators, and patients use to make healthcare decisions—the decisions that drive an increasingly large portion of the American economy. Compelling evidence suggests that this industry money buys favorable results, biasing the outcomes of scientific research. Current efforts to manage the problem, including disclosure mandates and peer reviews, are ineffective. A blinding mechanism, operating through an intermediary such as the National Institutes of Health, could instead be developed to allow industry support of science without allowing undue influence. If the editors of biomedical journals …

The Ali's Principles Of Software Contracting: Some Comments & Clarifications, Maureen A. O'Rourke

Faculty Scholarship

When I joined Boston University School of Law's faculty in 1993, there seemed to be general agreement among practitioners and academics alike that the time was ripe for some sort of uniform law to address transactions involving software. The debate was over the form that law should take rather than whether it should exist at all. More specifically, interested parties were discussing an important structural question-whether software contracts might best be dealt with in the Uniform Commercial Code (UCC) under a "hub and spoke" approach or as a standalone Article. Eventually, drafters focused on a standalone Article, and the National …

Privacy Rights And Public Families, Khiara Bridges

Faculty Scholarship

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …

Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, Gary S. Lawson, David B. Kopel

Faculty Scholarship

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate.

The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must …

Engaging The Legal Academy In Disaster Response, Davida Finger, Laila Hlass, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremecy, Gary S. Lawson

Faculty Scholarship

With Stare Decisis and Constitutional Text, 1 Jonathan Mitchell has produced what I think is the most interesting and creative textual defense2 (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases.3 Mitchell’s careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule—a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct …

E.U. Law In U.S. Legal Academia, Daniela Caruso

Faculty Scholarship

The history of EU law in the JD curriculum is a classical tale of rise and fail. An avant garde, boutique offering in the 1970s, and a fairly popular course in the 1990s, today EU law in US law schools is slowly losing prominence. This Article begins by tracking this parabolic trajectory and argues that the discipline both rose and fell for contingent reasons that are mostly unrelated to its pedagogical and analytical significance. The Article then provides a critical appraisal of what EU law is uniquely poised to offer both in the classroom and as a subject for legal …

Website Design As Contract, Woodrow Hartzog

Faculty Scholarship

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. To reconcile the disparity between boilerplate legalese and website design, this article develops a theory of website design as contract. The ability to choose privacy settings, un-tag photos, and delete information is part of the negotiation between websites and users regarding their privacy. Yet courts invariably recognize only the boilerplate terms when analyzing online agreements. In this article, I propose that if significant website features are incorporated into the terms of …

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Faculty Scholarship

UN Women must take an aggressive role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.

The In Rem Forfeiture Of Copyright-Infringing Domain Names, Andrew Sellars

Faculty Scholarship

In the summer of 2010, the Immigration and Customs Enforcement Division of the Department of Homeland Security began "Operation In Our Sites," an enforcement sweep targeted towards websites allegedly dealing in counterfeit goods and copyright-infringing files. The operation targeted the websites by proceeding in rem against their respective domain names. For websites targeted for copyright infringement, ICE Agents used recently-expanded copyright forfeiture remedies passed under the 2008 PRO-IP Act, providing no adversarial hearing prior to the websites being removed, and only a probable cause standard of proof.

This Paper examines three specific harms resulting from Operation In Our Sites, and …

On The History/ Archaeology Of Musical Culture In Telavi, Tamar Tamarashvili

Khazar Journal of Humanities and Social Sciences

The article deals with the problems of developing social and spiritual culture in Georgia in the 40’s-50’s of the XX century. We offer conclusions after investigation of archive materials for the first time in Georgian historiography. The article reflects standards of developing Georgian musical art of the last century. In this case, the merit of Piruz Makhatelashvili is immense. He was famous propagandist of Georgian folk songs, composer and bandmaster. He raised up generations and taught respect and love towards Georgian national music.

Azerbaijan: How Equitable Is Access To Higher Education?, Rashan Aliyev

Khazar Journal of Humanities and Social Sciences

This paper aims to shed light on some of the issues that impede the development of higher education sector in Azerbaijan, focusing on the growing inequality in the educational outcomes at the secondary level and the ensuing unequal access in higher education. It assesses the performance of the education sector in the Republic of Azerbaijan in terms of ensuring equitable access in higher education (H.E.) across the country. A comparison of university admission rates among different groups in question acts as a fairly good proxy for most aspects of equity in access in higher education. For that reason, this analysis …

What The Spiritual Caregiver Should Know While Dealing With Survivors Of Ethnic Violence, Nazila Isgandarova

Khazar Journal of Humanities and Social Sciences

Ethnic cleansing and genocide are different terms but both involve violence as a main tool, and many women and girls suffer from this kind of violence. The challenge for the spiritual caregiver is to define the major emotional turmoil of the patient and offer a helping hand. The main terminology involves the words „ethnic cleansing‟, „genocide‟ and „violence.‟ The case study is the Khojali genocide, which was recognized in the US Congress as the “biggest tragedy of the year” (Extensions of Remarks from Congressional Record E463). The paper discusses the role of spirituality and the major spiritual challenges of the …

Access To Safe Drinking Water And Sanitation Under International Law, Azer Kasumov

Khazar Journal of Humanities and Social Sciences

The Article briefly describes the importance and significance of water to human life. The article comprises a legal analysis of whether such a right is present in international legal instruments and importance of implementation to national legislation of member states of United Nations. While examining water and sanitation as a human right, the article also briefly touches on the Constitutional provisions of some member states and the interpretations of relevant resolutions of the UN. The next part of the article addresses the relevance linking of human rights and water and sanitation. And from the human rights perspective, the article strongly …

The Effect Of A Group Guidance Program To Elementary 8th Grade Students’ Views Towards Apprenticeship Training, Abdullah Işıklar

Khazar Journal of Humanities and Social Sciences

The primary purpose of this study is to determine the effect of a group guidance program to elementary 8th grade students’ views towards apprenticeship training. This study is a control group pre-test post-test experimental research. The research was conducted to students who were enrolled in an elementary school in Konya, Turkey. While research’s experimental group was constituted of 11 female and 14 male students (total: 25 students), control group was constituted of 11 female and 14 male students (total: 25 students). Vocational group guidance was conducted to experimental group for 9 weeks once a week. The views of experimental and …

Examining Constitutional Changes In Bosnia And Herzegovina: Hampering The Europeanization Process?, Bedrudin Brljavac

Khazar Journal of Humanities and Social Sciences

Without doubt a long-lasting status quo regarding the constitutional changes in the post-war Bosnia and Herzegovina has become one of the most triggering and challenging political questions the country has been grappling with for so long. Different political interests and views of the three biggest ethnic communities in Bosnia on the future country's constitutional framework have prevented them to reach a viable agreement. Thus, it has become naïve to expect that domestic political elites on their own will reach an agreement on the constitutional reforms. Nevertheless, the European Union has repeatedly been sending the messages and statements that constitutional changes …

Aicpa Professional Standards As Of June 1, 2011, Volume 2: Accounting And Review Services, Code Of Professional Conduct, Bylaws, Valuation Services, Consulting Services, Quality Control, Peer Review, Tax Services, Personal Financial Planning, Continuing Professional Education, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.