Digital Commons Network^™

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Publications

Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices--and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors--contribute to the staggering and disproportionate incarceration of black …

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …

Deflected Agreement In The Book Of Mormon, Andrew C. Smith

Journal of Book of Mormon Studies

Deflected agreement is a grammatical phenomenon found in Semitic languages—it is ubiquitous in Arabic and found occasionally in Classical Hebrew. Deflected agreement is a plausible explanation for certain grammatical incongruities present, in translation, within the original and printer's manuscripts and printed editions in the Book of Mormon in the grammatical areas of verbal, pronominal, and demonstrative agreement. This finding gives greater credence to the plausibility of the authenticity and historicity of the Book of Mormon. Additionally, the implications of this finding on Book of Mormon scholarship are discussed.

The Enlightenment Tradition Of Hume And Smith In Austen: Windows To Understanding, Nicole Coonradt

Religion in the Age of Enlightenment

In his Theory of Moral Sentiments (1759), Adam Smith notes the importance of "little department[s]"-those smaller circles of social contact: "By Nature the events which immediately affect that little department in which we ourselves have some little management and directions, which immediately affect ourselves, our friends, our country, are the events which interest us the most, and which chiefly excite our desires and aversions, our hopes and fears, our joys and sorrows:' Alasdair MacIntyre would agree with this idea of one's sphere of influence, especially in the works of Jane Austen. Clearly, this concern with self, others, and country might …

The Paradox Of Political Power: Same-Sex Marriage And The Supreme Court, Kenji Yoshino

Utah Law Review

I am honored to follow the many eminent scholars who have delivered the Leary Lecture. Like many prior lectures, mine focuses on a contemporary civilrights struggle. I wish to discuss the issue of same-sex marriage, and more specifically the case of Hollingsworth v. Perry, a federal challenge to a state restriction on marriage on appeal to the United States Supreme Court. Perry’s development has served at least one function of our multi-tiered judicial system, which is to generate several options for the Court. I first review five possibilities, which range from a holding that same-sex marriage is constitutionally required in …

Religion, Evolution, And Sensibility: Vico And Hume On The History Of Religion, Horace L. Fairlamb

Religion in the Age of Enlightenment

Whereas Eastern religions are typically defined by their practices, Western religions are identified by their theological histories, beginning with the covenant between God and Abraham. These theological histories chart a cultural progress marked by divine intrusions or revelations. In contrast, modern secular histories suggest that nature, humanity, and knowledge are progressing without the need for supernatural intervention. Moreover, while traditional religions typically claimed that ultimate truth had already been revealed, Enlightenment progressivism holds that truth is not yet absolutely known, that knowledge is still evolving, and that further progress in truth depends only on natural reason. With the coming of …

Disturbance Utilizing Control Using Lqr Theory With A State/Control Cross-Product Term In The Performance Index, Kyle Davis

Theses

No abstract provided.

Static Testing Of A Cots Electric Uav Motor In An Altitude Chamber, Tyler Mcelroy

Theses

No abstract provided.

Defending The King And His Kingdom, Louis C. Midgley

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

Some vocal cultural Mormons, busy asking themselves “why stay,” claim that it is not at all probable that there is a God, or that there even was a Jesus of Nazareth. They also ridicule the Atonement. In the language of our scriptures they are an tichrists—that is, they deny that there was or is a Christ. Being thus against the King and His Kingdom, their trumpet does not give a clear sound; they are clearly against the one whom they made a solemn covenant to defend and sustain. Instead of seek ing diligently to become genuine Holy Ones or Saints, …

Amendment Of Articles 8, 9, 10, 21 And 78 Of The International Code Of Zoological Nomenclature To Expand And Refine Methods Of Publication, International Commission On Zoological Nomenclature

Copyright, Fair Use, Scholarly Communication, etc.

The International Commission on Zoological Nomenclature has voted in favor of a revised version of the amendment to the International Code of Zoological Nomenclature that was proposed in 2008. The purpose of the amendment is to expand and refine the methods of publication allowed by the Code, particularly in relation to electronic publication. The amendment establishes an Official Register of Zoological Nomenclature (with ZooBank as its online version), allows electronic publication after 2011 under certain conditions, and disallows publication on optical discs after 2012. The requirements for electronic publications are that the work be registered in ZooBank before it is …

Visible Near-Infrared Diffuse Reflectance Spectroscopy And Portable X-Ray Fluorescence Spectroscopy For Rapid Compost Analysis, Amanda Lynne Mcwhirt

LSU Master's Theses

Quantitative and qualitative evaluation of compost is necessary in order to provide consumers with basic knowledge about the product’s composition, and to protect public health and the environment by preventing the spread of contaminated material. Current methods for analysis of basic compost properties give accurate results but are time consuming and require numerous laboratory procedures. This study evaluated the use of visible near-infrared diffuse reflectance spectroscopy (VisNIR DRS) for organic matter (OM) determination and field portable X-ray fluorescence (PXRF) spectroscopy for determination of elemental composition of composted materials. These technologies were evaluated as alternatives to standard laboratory methods for their …

Spectrum, 2012, Northwestern College

Spectrum literary magazine

Literary journal

Spectrum, 2013, Northwestern College

Spectrum literary magazine

Literary journal

Quail Vii: Proceedings Of The Seventh National Quail Symposium (January 9-12, 2012 : Tucson, Arizona), Clait E. Braun, Thomas V. Dailey

Galliformes Specialist Group and Affiliated Societies: Conference Proceedings

In memoriam: Walter Rosene, Jr., 1912-2005

In memoriam: John A. Crawford, 1946-2010

PLENARY

On some founding ideas of quailology and their propounders, Fred S. Guthery

One hundred years of quail management in Arizona, David E. Brown

Adaptive management and structured decision making: Is it really that easy? James (Barry) Grand

The Western Quail Management Plan, Larry Riley

Quail VII, a director’s perspective, Jonathan Gassett

BOBWHITE HABITAT MANAGEMENT

Impacts of invasive, exotic grasses on quail of southwestern rangelands: A decade of progress? William P. Kuvlesky Jr., Leonard A. Brennan, Timothy E. Fulbright, Fidel Hernández, Steven J. DeMaso, Joseph P. Sands, Robert …

Late Quaternary Depositional Environments, Timing And Recent Deposition: Narragansett Bay, Rhode Island And Massachusetts, Bryan Andrew Oakley

Open Access Dissertations

Glacial Lake Narragansett, which occupied much of the southern portion of Narragansett Basin during Late Wisconsinan deglaciation, and was contiguous with glacial lakes in Rhode Island Sound and Block Island Sound, is the focus of this study. This dissertation examines the deposits of glacial lakes to develop a history of deglacial chronology, isostatic rebound, and climate change across the glaciated northeast. All of these issues are addressed in this dissertation. This work synthesizes the Late Wisconsinan deglacial evolution of Glacial Lake Narragansett using digital elevation models, sub-bottom seismic reflection, ground penetrating radar profiles, sediment cores and borehole stratigraphy. The impetus …

Bosnia And Herzegovina General Elections, 2010: Analysis Of Pre-Election Rhetoric, Adis Arapovic, Bedrudin Brljavac

Khazar Journal of Humanities and Social Sciences

Bosnia and Herzegovina, as a postconflict and transitional country with sui generis political system of low efficiency, creates and conducts its politics in a specific ambient of reduced sovereignty and responsibility of domestic institutions and other political subjects. Such political ambient is suitable to proliferation of nationalistic, confrontational and anticonstitutional rhetoric and practices, which reach its peak during period of pre-election campaigns. Unfinished legislative election framework, purposeful obstruction of international election standards and domestic legislative on behalf of most of political subjects, deficiency of professional and independent media, undeveloped civic society, and politicized and undercapacitated institutions which are involved with …

Through Process, Mitchell Goldstein

Theses and Dissertations

At the core of any designer’s activity is the process they engage with to create design. Process is not only a way to get from an idea to a completed work, it is also what determines our attitude towards design. This is the place where both the design and the designer are created. The gray area between nothing and something is where we go to discover design, and in turn to discover who we are and what matters to us. In this thesis I am investigating the nebulous place between ideas and things, thoughts and artifacts, and being just a …

An Investigation Of Internal Control Related Frauds And Auditor Litigation: Pre- And Post- Sarbanes-Oxley, Section 404, Ifeoma Udeh

Theses and Dissertations

Using 629 observations of U.S. publicly listed firms with internal control related frauds from 2000 to 2006; this study investigates the change in auditor litigations in the Post- Sarbanes Oxley, Section 404 period. To the extent the conditions of the internal control in place are inadequate or non-existent, the possibility of the occurrence of internal control related fraud heightens. Thus, the inability of auditors to detect a financial statement misstatement due to internal control fraud in a timely manner exposes auditors to litigation (Barra, 2010; Heninger, 2001; Caplan, 1999). This situation was prevalent in the recent notable corporate failures that …

Coming To Terms With The Uniform Probate Code's Reformation Of Wills, Wayne M. Gazur

Publications

No abstract provided.

Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff

Publications

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories "tribe" and "tribal member" are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …

Opening The Public Space: Hijab And Education In Iran And Turkey, Kaitlin Kelly-Thompson

Undergraduate Student Research Awards

No abstract provided.

Is Grey’S Anatomy On The Wave? A Feminist Textual Analysis Of Meredith Grey And Cristina Yang, Lauren Wilks

Undergraduate Student Research Awards

No abstract provided.

Punishment And Sociocultural Development In The Later Middle Ages, Shane Manning

Undergraduate Student Research Awards

No abstract provided.

Unique Problems And Creative Solutions To Assessing Learning Outcomes In Transactional Drafting Courses: Overcoming “The Form Book Problem”, Jacob M. Carpenter

Faculty Publications

In transactional drafting courses, students need to practice evaluating and using forms to aid them when they draft contracts. Only by working with forms can students learn to identify forms’ benefits and dangerous pitfalls. On the other hand, when students use forms, how can professors assess whether students crafted the contract carefully based on their own knowledge and skills, or whether they essentially just copied a form? This article provides nine creative solutions that enable professors to assess whether students have attained the skills and knowledge needed to draft strong contracts, even when students use forms to guide their drafting.

Contegra Valved Conduit In The Paediatric Population: An Exciting Prospect For Right Ventricle To Pulmonary Artery Reconstruction; Experience And Outcomes At Aga Khan University, Maria Tariq Siddiqui, Asif Hasan, Shazia Mohsin, Mohammad Hamid, Muneer Amanullah

Department of Anaesthesia

Objective: The focus of this study is to share the experience and outcomes of Contegra graft implantation in the paediatric and adult population in Pakistan. Methods: Between May 2007 and July 2011, 16 patients, underwent implantation of a Contegra valved conduit. All operations were performed through a median sternotomy with cardiopulmonary bypass. Indications included: Pulmonary atresia with ventricular septal defect (n=11), Tetralogy of Fallot with absent Pulmonary Valve (PV) syndrome (n=2), double outlet right ventricle, transposition of great arteries and pulmonary stenosis (n=1), isolated aortic valve disease (n=1) and a pseudo-aneurysm with infective endocarditis (n=1).Conduit sizes varied between 16-22 mm. …

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …

Trends In Alternative Dispute Resolution Concerning Intellectual Property: A Brazillian Perspective, Karin Klempp Franco

California Western International Law Journal

No abstract provided.

Bad News For John Marshall, Gary S. Lawson, David Kopel

Faculty Scholarship

In "Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate," we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, "Bad News for Everybody," wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.

The New Federal Circuit Mandamus, Paul Gugliuzza

Faculty Scholarship

This Article explores an ongoing revolution in the mandamus jurisprudence of the U.S. Court of Appeals for the Federal Circuit, the court of appeals with nearly exclusive jurisdiction over patent cases. Before December 2008, the Federal Circuit had never used the interlocutory writ of mandamus to order a district court to transfer a case to a more convenient forum, denying each one of the twenty-two petitions it had decided on that issue. Since that time, however, the court has overturned eleven different venue decisions on mandamus. Remarkably, ten of those eleven cases have come from the same district court, the …

New Private Law Theory And Tort Law: A Comment, Keith N. Hylton

Faculty Scholarship

This comment was prepared for the Harvard Law Review symposium on “The New Private Law,” as a response to Benjamin Zipursky’s principal paper on torts. I find Zipursky’s reliance on Cardozo’s Palsgraf opinion as a foundational source of tort theory troubling, for two reasons. First, Cardozo fails to offer a consistent theoretical framework for tort law in his opinions, many of which are difficult to reconcile with one another. Second, Palsgraf should be understood as an effort by Cardozo to provide greater predictability, within a special class of proximate cause cases, by reallocating decision-making power from juries to judges. It …