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2011

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Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray Jan 2011

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

Articles & Chapters

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 from …


David J. Baggett, Gary R. Habermas, And Jerry L. Walls, Eds., C.S. Lewis As Philosopher: Truth, Goodness And Beauty, David L. O'Hara Jan 2011

David J. Baggett, Gary R. Habermas, And Jerry L. Walls, Eds., C.S. Lewis As Philosopher: Truth, Goodness And Beauty, David L. O'Hara

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Kant, The Passions, And The Structure Of Moral Motivation, John Hare Jan 2011

Kant, The Passions, And The Structure Of Moral Motivation, John Hare

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Norman Wirzba And Bruce Ellis Benson, Eds., Transforming Philosophy And Religion: Love's Wisdom, N.N. Trakakis Jan 2011

Norman Wirzba And Bruce Ellis Benson, Eds., Transforming Philosophy And Religion: Love's Wisdom, N.N. Trakakis

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Sceptical Detachment Or Loving Submission To The Good? Reason, Faith, And The Passions In Descartes, John Cottingham Jan 2011

Sceptical Detachment Or Loving Submission To The Good? Reason, Faith, And The Passions In Descartes, John Cottingham

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Introduction: Faith, Rationality And The Passions, Sarah Coakley Jan 2011

Introduction: Faith, Rationality And The Passions, Sarah Coakley

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Kierkegaard On Faith, Reason, And Passion, Merold Westphal Jan 2011

Kierkegaard On Faith, Reason, And Passion, Merold Westphal

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Tears And Weeping: An Augustinian View, Paul J. Griffiths Jan 2011

Tears And Weeping: An Augustinian View, Paul J. Griffiths

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Intellectual Emotions And Religious Emotions, Peter Goldie Jan 2011

Intellectual Emotions And Religious Emotions, Peter Goldie

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Lynne Rudder Baker, The Metaphysics Of Everyday Life: An Essay In Practical Realism, William Hasker Jan 2011

Lynne Rudder Baker, The Metaphysics Of Everyday Life: An Essay In Practical Realism, William Hasker

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Conservation Easements Outside Of The United States, Gerald Korngold Jan 2011

Conservation Easements Outside Of The United States, Gerald Korngold

Other Publications

No abstract provided.


Denial Of Municipal Services To Taxpaying Condominium And Homeowner Association Unit Owners, Gerald Korngold Jan 2011

Denial Of Municipal Services To Taxpaying Condominium And Homeowner Association Unit Owners, Gerald Korngold

Other Publications

No abstract provided.


Book Review Of Michelle Oberman’S And Cheryl L. Meyer’S “When Mothers Kill: Interviews From Prison”, Michael L. Perlin Jan 2011

Book Review Of Michelle Oberman’S And Cheryl L. Meyer’S “When Mothers Kill: Interviews From Prison”, Michael L. Perlin

Other Publications

No abstract provided.


A Major Step On Medicaid, Arthur S. Leonard Jan 2011

A Major Step On Medicaid, Arthur S. Leonard

Other Publications

No abstract provided.


I Demand Proof That Trump’S Hair Is His Own — And American, Brandt Goldstein Jan 2011

I Demand Proof That Trump’S Hair Is His Own — And American, Brandt Goldstein

Other Publications

No abstract provided.


Unequal Equality For Lesbian Mom, Arthur S. Leonard Jan 2011

Unequal Equality For Lesbian Mom, Arthur S. Leonard

Other Publications

No abstract provided.


The Regulatory Thicket: It’S Time To Cut Back, David Schoenbrod Jan 2011

The Regulatory Thicket: It’S Time To Cut Back, David Schoenbrod

Other Publications

No abstract provided.


Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman Jan 2011

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman

Articles & Chapters

This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …


Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz Jan 2011

Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.


Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman Jan 2011

Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

Articles & Chapters

No abstract provided.


Law And Society, Penelope Andrews Jan 2011

Law And Society, Penelope Andrews

Articles & Chapters

No abstract provided.


Detection Of The Sire1 Env-Like Protein, A Potential Retroviral Protein In Soybean, Garen Gaston Jan 2011

Detection Of The Sire1 Env-Like Protein, A Potential Retroviral Protein In Soybean, Garen Gaston

Master's Theses

Long terminal repeat (LTR) retroelements are mobile DNAs that are ubiquitous in eukaryotic genomes and include retroviruses, endogenous retroviruses and retrotransposons. Though retrotransposons, which are noninfectious, can make up as much as 80% of plant genomes, no traces of retroviral elements have been confirmed in plants. However, the 2000-copy soybean retrotransposon SIRE1 has an extra open reading frame, that has been described as env-like, because its conceptual translation product is predicted to have features of retroviral envelope proteins, which sponsor infectivity. Demonstrating that this region encodes an envelope protein would extend the range of endogenous retroviruses to plants. Demonstrating also …


Policy Appears Upon The Scene, Hand In Hand With Poverty: An Analysis Of The Moderating Effects Of Teacher Attitude On The Relationship Between Professional Development And Student Achievement., Kristen Beth Adler Jan 2011

Policy Appears Upon The Scene, Hand In Hand With Poverty: An Analysis Of The Moderating Effects Of Teacher Attitude On The Relationship Between Professional Development And Student Achievement., Kristen Beth Adler

Master's Theses

Massive deficits in local, state and national education budgets are forcing schools to adapt their spending to align with these reductions. Rather than merely increasing or decreasing resources, the effectiveness of resource allocation is demanding renewed attention at all levels of educational expenditure. The purpose of this study is to assess the effectiveness of teacher professional development across five campuses at Chicago International Charter School. It is the goal of this project to examine how teacher professional development directly impacts student performance, as well as to evaluate whether this relationship is moderated by teacher attitude towards professional development activities. It …


The Coalition Of The Unwilling: Contentious Politics, Political Opportunity Structures, And Challenges For The Contemporary Peace Movement, Victoria Carty Jan 2011

The Coalition Of The Unwilling: Contentious Politics, Political Opportunity Structures, And Challenges For The Contemporary Peace Movement, Victoria Carty

Sociology Faculty Articles and Research

The Bush Doctrine, which was installed after the 9-11 attacks on the United States under the guise of the war on terrorism, postulated a vision of the United States as the world’s unchallenged superpower and the invasion of Iraq became one of the central fronts of this war. After failing to get approval by the United Nations for the invasion, the Bush Administration’s attempt to assemble a coalition of the willing became critical to the battle for public opinion to back the war. While the administration was able to garner some support, the coalition eventually unravelled and all troops are …


Global Finance, Multinationals And Human Rights: With Commentary On Backer’S Critique Of The 2008 Report By John Ruggie, Faith Stevelman Jan 2011

Global Finance, Multinationals And Human Rights: With Commentary On Backer’S Critique Of The 2008 Report By John Ruggie, Faith Stevelman

Faculty Articles

This article references the excellent article of Larry Cata Backer, as it provides an analysis of the 2008 Report's "Protect, Respect, Remedy" (PRR) framework. Ruggie's most recent efforts, reflected in the 2010 Report, are directed at operationalizing the PRR framework set forth in the 2008 Report. Both these reports have been vetted internationally amongst governments, lawyers, academics and human rights advocates. How will governments, corporations, trade associations and rights advocates conceptualize and construct the fora and modes of recourse available to persons aggrieving human rights abuses? That question is the central focus of the 2010 Report and, as such, lies …


Your Mayor, Your “Friend”: Public Officials, Social Networking, And The Unmapped New Public Square, Bill Sherman Jan 2011

Your Mayor, Your “Friend”: Public Officials, Social Networking, And The Unmapped New Public Square, Bill Sherman

Faculty Articles

The use of online social networks by local public officials has drawn the ire of local governments, some of whom have gone so far as to bar public officials from social networks for fear of violating campaign finance, open meeting, freedom of information, and government ethics laws. These objections overlook the unique nature of civic social networks as an emerging political institution, characterized by a high degree of transparency and intense public pressure for accountability. The nature of this new institution renders the alarmist reaction overblown. Civic social networks are the new public square, and local governments should embrace them …


Bias In The Classroom, One Degree Removed: The Story Of Turner V. Stime And Amicus Participation, Robert S. Chang Jan 2011

Bias In The Classroom, One Degree Removed: The Story Of Turner V. Stime And Amicus Participation, Robert S. Chang

Faculty Articles

This article summarizes a recent amicus brief written by the Korematsu Center. It describes a Spokane, Washington medical malpractice case where juror racial bias toward a party’s attorney was used as direct evidence. It describes the momentum and mobilization of the amicus brief, and the success in the appellate courts. It is offered as a model for how law school clinics can engage in effective advocacy to help democratize the courts.


The Muslim Manchurian Candidate: Barack Obama, Rumors, And Quotidian Hermeneutics, Bryan Adamson Jan 2011

The Muslim Manchurian Candidate: Barack Obama, Rumors, And Quotidian Hermeneutics, Bryan Adamson

Faculty Articles

This article examines the rumors about President Barack Obama which accused him of being Muslim, unpatriotic, and a terrorist sympathizer. Despite ample evidence that the rumors were patently false, on Election Day, fully 10% of the voters continued to believe that he was Muslim. In addition, many continued to harbor the pernicious racial, socio-ethnic, and religious biases that shaped the rumors. This article asks, and answers “why” the rumors persisted.

This article provides an answer from a unique communication theory perspective. This article first mines the sources of the Obama rumors, and how those rumors were amplified in the media. …


Compassionate Immigration Reform, Steven W. Bender Jan 2011

Compassionate Immigration Reform, Steven W. Bender

Faculty Articles

Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our aspirations as a compassionate nation of immigrants. Mindful of the tension between blind adherence to the rule of law and the goal of empathetic immigration policy, I suggest a reframing of comprehensive immigration reform as compassionate reform and sketch the details of this transformative policymaking approach.

Focusing on the life-threatening journey of undocumented immigrants and the perils they and their families face once inside the United States, I argue for a time-out on deaths at the border and on workplace …


Faces Of Immigration Reform, Steven W. Bender Jan 2011

Faces Of Immigration Reform, Steven W. Bender

Faculty Articles

Recognizing the need for a sympathetic construction of immigrants as a precursor to comprehensive immigration reform that goes beyond enforcement prerogatives, this article surveys the various “faces” of immigration reform - both of advocates for progressive reform and the potentially sympathetic group images they wield. The article concludes that no image - whether of undocumented workers generally, farm laborers, immigrant children and Dreamers, or undocumented veterans - is poised to garner sympathy from voters and policymakers, particularly against the backdrop of the current economic crisis. Reform may hinge, then, on interest convergence so powerful that it transcends the prevailing negative …