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Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer

William & Mary Bill of Rights Journal

Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.

The analysis begins with the most basic premises: the definition of …

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …

Table Of Contents (V. 20, No. 2)

William & Mary Bill of Rights Journal

No abstract provided.

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …

Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller

William & Mary Environmental Law and Policy Review

There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.

Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.

Teaching In Educational Leadership Using Web 2.0 Applications: Perspectives On What Works, E. J. Shinsky, Hans A. Stevens

Peer Reviewed Articles

To prepare 21st Century school leaders, educational leadership professors need to learn and teach the utilization of increasingly sophisticated technologies in their courses. The co-authors, a professor and an educational specialist degree candidate, describe how the use of advanced technologies — such as Wikis, Google Docs, Wimba Classroom, and Discussion Board — have served as a catalyst for learning among educational leadership students. Details regarding how technology has been used in one course are described, demonstrating how various apps and software applications can easily be applied in other courses.

Preserving Euskera In A Globalized World: Determining The Long-Term Efficacy Of Multilingual Schools In The Basque Country, Spain (Thesis), Olivia Destrades Mendoza

Honorable Mentions

The Basque Country, Spain is a linguistically unique region where the minority indigenous language, Euskera, competes alongside the dominant state language, Castilian, and a lingua franca, English, for prestige and status. Following a history of cultural and linguistic repression and marginalization, the Basque community has, in the past 30 years, begun to reintroduce Euskera into new, multilingual school systems in order to teach, preserve and maintain their heritage language, while simultaneously acquiring English as an important language for global communication. This multimethod, qualitative study takes data from 36 survey respondents and five interview participants from the Basque Country, and triangulates …

Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.

From Double Lie Groupoids To Local Lie 2-Groupoids, Rajan Amit Mehta, Xiang Tang

Mathematics Sciences: Faculty Publications

We apply the bar construction to the nerve of a double Lie groupoid to obtain a local Lie 2-groupoid. As an application, we recover Haefliger's fundamental groupoid from the fundamental double groupoid of a Lie groupoid. In the case of a symplectic double groupoid, we study the induced closed 2-form on the associated local Lie 2-groupoid, which leads us to propose a definition of a symplectic 2-groupoid.

Table Of Contents And Masthead (V. 18, No. 1)

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Research To Practice: Improving Job Development Through Training And Mentorship, Alberto Migliore, John Butterworth, Derek Nord, Amy Gelb

Research to Practice Series, Institute for Community Inclusion

Prior research suggests that employment consultants who provide job development support do not consistently use the most promising practices in their field1. These practices include involving family and friends in the job search, using job restructuring or job creation to expand employment opportunities, negotiating with employers, and using planning strategies that emphasize choice, empowerment, and an effective job match. The purpose of this study was to validate a curriculum based on these promising practices for a training and mentoring program that targeted employment consultants.

The State And Future Of Genocide Studies And Prevention: An Overview And Analysis Of Some Key Issues, Samuel Totten

Genocide Studies and Prevention: An International Journal

In addition to providing a succinct history of the field of genocide studies, this article examines such issues as the critical need to address the toughest barriers to the prevention of and intervention against genocide (e.g., realpolitik, the lack of political will, and the reform of the UN Security Council, including the make-up and operation of the Permanent Five members [Great Britain, US, France, Russia, and China]); whether the Crimes Against Humanity Initiative will make a real difference vis-a`-vis the prevention of and intervention against genocide; the critical need for the field to be more inclusive by welcoming and nurturing …

From Lemkin To Clooney: The Development And State Of Genocide Studies, Dominik J. Schaller

Genocide Studies and Prevention: An International Journal

The study of genocide has become one of the most attractive fields of research since the end of the Cold War. A productive and vibrant scholarly community has come into existence and professional associations compete with each other and foster international exchange by regularly organizing major conferences. Several scholarly journals contribute to a multifaceted research landscape. Similarly impressive is the progressive institutionalization of genocide studies. For most students and scholars, the study of genocide is more than just an academic or intellectual occupation. They see their roles as scholar-activists, but the will to stop genocide is not only prevalent in …

Diffusing Genocide Studies, Defusing Genocides, Adam Jones

Genocide Studies and Prevention: An International Journal

In evaluating the state of the field of comparative genocide studies, this article explores themes such as the ‘‘return to Raphael Lemkin,’’ evident in some recent works; scholarly investigations of the genocidal dynamic in Western colonialism and the parallels in Nazi depredations; and ongoing efforts to ‘‘resurrect’’ little- known and forgotten genocides of the past. The growing pluralism and inter- nationalization of genocide studies is acknowledged but contrasted with certain parochial features of the field, which endure. This article concludes with observa- tions on the increasingly prominent role of genocide scholars in policy-making and humanitarian spheres.

A Plea From International Scholars Of Genocide And Human Rights Studies, The Zoryan Institute

Genocide Studies and Prevention: An International Journal

We, the undersigned scholars, wish to express publicly our great appreciation for the International Institute for Genocide and Human Rights Studies and its parent orga- nization, the Zoryan Institute (‘‘the Institute’’), for their thirty years of academic work in the field of genocide and human rights studies. In the face of the continuing problem of genocide in the twenty-first century, the Institute is to be commended for its service to the academic community and is recognized by scholars for providing leadership and a support structure in promoting the cause of universal human rights and the prevention of genocide.

Broader Questions And A Bigger Toolbox:A Problem-Centered And Student-Centered Approach To Teaching Pluralist Economics, Julie A. Nelson

Economics Faculty Publication Series

This essay discusses a "broader questions and bigger toolbox" approach to teaching pluralist economics. This approach has three central characteristics. First, economics is defined so as to encompass a broad set of (provisioning) concerns. Second, emphasis is placed on contemporary real-world issues, institutions, and current events, rather than on debates in the history of economic thought. Third, a variety of concepts and theories are introduced, all of which are treated as partial and fallible--useful in some (perhaps very limited) situations while not so useful in others. Possible reasons an instructor might want to adopt this approach, and examples of use …

Prototype Automated Flow-Through Sensor For Measuring Waterborne Microbial Concentrations Using Bulk Fluorescence, Susan M. Savill

Graduate Masters Theses

Timely and inexpensive monitoring of microbial ecology in the world's water supplies is crucial to the study of environmental and human impact on water quality and the prevention of disease outbreaks. Current technology is lacking in its ability to accurately measure and predict the presence of possible disease pathogens in a timely and cost effective manner. This paper describes the construction and initial testing of an automated prototype water sensor intended to detect fluctuations in microbial density in real-time by using bulk fluorescence of SYBR Gold stained bacteria. The sensor is comprised of off-the-shelf hardware and an in-house designed and …

The Marketplace Of Boston: Macrobotanical Remains From Faneuil Hall, Ciana Faye Meyers

Graduate Masters Theses

Residents of Boston in the eighteenth century utilized a wide range of botanical materials in their daily lives, navigating complex urban marketing systems and utilizing their own individual ingenuity to procure botanical resources. The one thousand eight hundred and eighty-three botanical remains recovered from a "community midden" underneath the present-day Faneuil Hall represents a diverse collection of taxa which encodes information not only about the localized dietary practices of colonial urban residents, but also helps to illuminate the more subtle ramifications of Boston's participation in the Atlantic economy on the lives of its residents. These botanical remains represent taxa from …

Multicomponent Reactions For The Preparation Of Fluorous Taged Pyrimidines And Thiopyrimidines And Their Derivatisation To Obtain Biaryl-Substituted Heterocycles, Bruno Piqani

Graduate Masters Theses

This thesis presents a work in the field of multicomponent reactions (MCRs), one-step condensation between a fluorous tagged aldehyde, β-keto ester and urea derivatives. This process in literature is known as "Biginelli Reaction". This dissertation describes a new Biginelli reaction element, using fluorous component as a limiting agent.

Chapter one is an introduction of MCRs. A brief historical review, key principles as well as applications in different fields such as academic research, synthetic organic chemistry, and medicinal applications are presented.

Chapter two discusses the general features of the Biginelli reaction, microwave, and fluorous chemistry with a distinctive look from the …

Captain Pierce's Fight: An Investigation Into A King Philip's War Battle And Its Remembrance And Memorialization, Lawrence K. Lacroix

Graduate Masters Theses

On March 26, 1676 Native Americans from southern New England overran a company of Plymouth Colony militia, handing the English one of their worst defeats during King Philip's War. This study was concerned with the reconstruction of the Pierce Battle, as it has come to be known, and its eventual memorialization. The study's two main research questions were: First, to what extent did a complete and critical examination of the primary and secondary sources change, support, or add to the commonly accepted battle perspective? Second, in what ways did a contextual analysis of King Philip's War monuments in Rhode Island …

Effects Of Voluntary Public Reporting On The Nurse Sensitive Measures Of Falls And Falls With Injury In Hospitals: A Massachusetts Perspective, Patricia Noga

Graduate Doctoral Dissertations

Background: Interest and efforts in the health care industry to be transparent by collecting and publicly reporting performance measures about healthcare quality and cost has increased in recent years. The National Quality Forum (NQF) endorsed a set of 15 national quality measures for nursing-sensitive care that could be used for public accountability and quality improvement, including measures of patient falls and falls with injury. Patient falls have been among the largest category of reported incidents in hospitals, and are a serious concern for healthcare leaders and healthcare team members. In 2006, Massachusetts hospitals began voluntarily publicly reporting the nurse sensitive …

The Practice Effect: The Relationships Among The Frequency Of Early Formal Mindfulness Practice, Mindfulness Skills, Worry, And Quality Of Life In An Acceptance-Based Behavior Therapy For Generalized Anxiety Disorder, Lucas Paul Kawika Morgan

Graduate Masters Theses

Mindfulness- and acceptance-based treatments are currently being used to treat a variety of medical and mental health difficulties. Most of these treatments teach formal mindfulness practices which aim at developing mindfulness skills. However, little is known about the relationships among amount of formal mindfulness practice, changes in mindfulness skills, and changes in outcome variables. An acceptance-based behavior therapy (ABBT) has been shown to be particularly effective in the treatment of Generalized Anxiety Disorder (GAD; Roemer & Orsillo, 2007; Roemer, Orsillo, & Salters-Pednault, 2008). This study explored the relationships among formal mindfulness practice, skills, and outcomes in the context of an …

Astronomical Spectroscopy At The Cal Poly Observatory, Christopher James Almich

Physics

Embarking on the first ever astronomical spectroscopy project at the Cal Poly Observatory, I have tested the capabilities of our equipment. Our spectrograph, in conjunction with a telescope and CCD camera, is capable of making fairly precise measurements of absorption and emission lines with sub-nanometer precision. In my research I obtained a spectrum of Jupiter and was able to confidently identify a number of Fraunhofer solar absorption lines.