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2012

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Biogeochemical Interrelations Between The Çayırhan Oil Shales And Some Plants Growing On Them (Turkey), Berna Yavuz Pehli̇vanli, Şükrü Koç, Esra Ergi̇n, Ali̇ Sari, Leyla Açik, Meci̇t Vural Jan 2012

Biogeochemical Interrelations Between The Çayırhan Oil Shales And Some Plants Growing On Them (Turkey), Berna Yavuz Pehli̇vanli, Şükrü Koç, Esra Ergi̇n, Ali̇ Sari, Leyla Açik, Meci̇t Vural

Turkish Journal of Botany

Oil shales are exposed in wide areas around the town of Çayırhan (Beypazarı-Ankara). It is known that some elements are enriched in oil shales and similar organic-material rich rocks. The purpose of this study was to understand the possible relations between the element abundances found at the Çayırhan oil shales (ÇOS) and those of some plant types growing on these rocks. The results of chemical analysis of selected plants (8 species) were compared with each other and with element abundances from the ÇOS. The plant types examined were divided into 2 groups with respect to enrichment factors. The first group …


Cover And Contents Jan 2012

Cover And Contents

Turkish Journal of Botany

No abstract provided.


Cover And Contents Jan 2012

Cover And Contents

Turkish Journal of Botany

No abstract provided.


Hosanna-Tabor, Religious Freedom, And The Constitutional Structure, Richard W. Garnett, John M. Robinson Jan 2012

Hosanna-Tabor, Religious Freedom, And The Constitutional Structure, Richard W. Garnett, John M. Robinson

Journal Articles

From the Introduction

Our Constitution, which is both an act and artifact of "We the People of the United States," "vest[s]" certain "powers" - some, but not all - in the national government. Those powers are enumerated, and also separated, checked, and constrained. As Chief Justice John Roberts put it last June, this government "possesses only limited powers; the States and the people retain the remainder." It is designed and structured in such a way as to make it workable, capable, and effective, but also to - by virtue of its design and structure, and not only through explicit prohibitions …


Defining The Badges And Incidents Of Slavery, Jennifer Mason Mcaward Jan 2012

Defining The Badges And Incidents Of Slavery, Jennifer Mason Mcaward

Journal Articles

Most agree that Section Two of the Thirteenth Amendment empowers Congress to legislate regarding the “badges and incidents of slavery.” Few, however, have explored in depth the precise meaning of this concept. The goal of this Article is to provide a historical and conceptual framework for interpreting and identifying the badges and incidents of slavery. It examines the original public meaning of the terms “badge of slavery” and “incident of slavery” as well as how the “badges and incidents” concept has been incorporated into and used in Thirteenth Amendment jurisprudence. It considers several analytical variables from historical, jurisprudential, and policy …


Response: One Market We Do Not Need, Giovanna Shay Jan 2012

Response: One Market We Do Not Need, Giovanna Shay

Faculty Scholarship

The Author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution—a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services—would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive …


The Rise Of National Security Secrets, Sudha Setty Jan 2012

The Rise Of National Security Secrets, Sudha Setty

Faculty Scholarship

Professor Aziz Rana urges a broad and populist reconsideration of the idea that the administration and military are best positioned to make decisions about national security issues. This Article calls for a rethinking of national security secrecy as well. The centralization of security decision-making power in the early Cold War era fostered a culture of government secrecy, with Congress and the judiciary enabling the rise of national security secrecy out of fear that they were ill-equipped to make security-related decisions, and public fear of internal and international security threats trumping concerns about legitimacy or democratic accountability. This culture of secrecy …


Illustrating Thomas Holcroft’S A Tale Of Mystery As Physiognomical Tableaux Vivant, Diane Hoeveler Jan 2012

Illustrating Thomas Holcroft’S A Tale Of Mystery As Physiognomical Tableaux Vivant, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.


Redeeming And Living With Evil, Mark A. Graber Jan 2012

Redeeming And Living With Evil, Mark A. Graber

Maryland Law Review

No abstract provided.


Davis V. United States: Good Faith, Retroactivity, And The Loss Of Principle, David Mcaloon Jan 2012

Davis V. United States: Good Faith, Retroactivity, And The Loss Of Principle, David Mcaloon

Maryland Law Review

No abstract provided.


A Concise Exegetical Grammar Of New Testament Greek, Harold Greenlee Jan 2012

A Concise Exegetical Grammar Of New Testament Greek, Harold Greenlee

Academic Books

No abstract provided.


Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin Jan 2012

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …


Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin Jan 2012

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …


Nostalgia Isn’T What It Used To Be: The Collected Works Of Haruki Murakami, Anne Jensen-Urstad Jan 2012

Nostalgia Isn’T What It Used To Be: The Collected Works Of Haruki Murakami, Anne Jensen-Urstad

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2012. 25th Annual Carl Neureuther Student Book Collection Competition


Notes From The Post-Apocalypse, Alexandra Barger Jan 2012

Notes From The Post-Apocalypse, Alexandra Barger

Neureuther Book Collection Essay Competition

Undergraduate Winner: 2nd Place, 2012. 25th Annual Carl Neureuther Student Book Collection Competition


Life As A Joke: In Defense Of The Comedic Narrative, Karina Louise Stridh Jan 2012

Life As A Joke: In Defense Of The Comedic Narrative, Karina Louise Stridh

Neureuther Book Collection Essay Competition

Undergraduate Winner: 1st Place, 2012. 25th Annual Carl Neureuther Student Book Collection Competition


The Book-Filled Crate, Ervin Malakaj Jan 2012

The Book-Filled Crate, Ervin Malakaj

Neureuther Book Collection Essay Competition

Graduate Winner: 2nd Place, 2012. 25th Annual Carl Neureuther Student Book Collection Competition


The Limits Of Integrity, John D. Inazu Jan 2012

The Limits Of Integrity, John D. Inazu

Scholarship@WashULaw

This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …


Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu Jan 2012

Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions …


Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu Jan 2012

Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu

Scholarship@WashULaw

This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …


Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal Jan 2012

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.


The Cost Of Clinical Legal Education, Peter A. Joy Jan 2012

The Cost Of Clinical Legal Education, Peter A. Joy

Scholarship@WashULaw

Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the important function that clinical legal education plays in educating law students to be ready for practice and assumes other legal education expenses are more important. The 1992 McCrate Report, the 2007 Carnegie Report, and other studies demonstrate that clinical legal education is necessary to produce a well-rounded and practice ready law student. Though clinical legal education should not be immune to cost restraints, neither should any other type of …


Why Lawyers Should Assess Lawyer's Ethics: A Review Of Adrian Evans, Assessing Lawyers' Ethics: A Practitioner's Guide, Peter A. Joy Jan 2012

Why Lawyers Should Assess Lawyer's Ethics: A Review Of Adrian Evans, Assessing Lawyers' Ethics: A Practitioner's Guide, Peter A. Joy

Scholarship@WashULaw

There has been a growing interest in empirical research on law firms and lawyer conduct for more than a decade. Recent studies have reached the same conclusion as studies from the 1960s and 1970s – the ethical culture in the law office is critical to the ethical behavior of the individual lawyers in the office.

With this in mind, the question becomes this: What should the legal profession do to encourage better law firm management to promote ethical behavior? In ASSESSING LAWYERS' ETHICS, Adrian Evans maintains that law societies and bar associations could improve lawyers' ethical behavior through various strategies …


Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein Jan 2012

Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Ideological models are widely accepted as the basis for many academic studies of the Supreme Court because of their power in predicting the justices' decision-making behavior. Not all votes are easily explained or well predicted by attitudes, however. Consensus in Supreme Court voting, particularly the extreme consensus of unanimity, has often puzzled Court observers who adhere to ideological accounts of judicial decision making. Are consensus and (ultimately) unanimity driven by extreme factual scenarios or extreme lower court rulings such that even the most liberal and most conservative justice can agree on the case disposition? Or are they driven by other, …


Supreme Court Prequel: Justice Stevens On The Seventh Circuit Symposium, Stefanie A. Lindquist Jan 2012

Supreme Court Prequel: Justice Stevens On The Seventh Circuit Symposium, Stefanie A. Lindquist

Scholarship@WashULaw

Justice Stevens’s retirement from the U.S. Supreme Court has occasioned numerous retrospectives on his lengthy career as a Supreme Court Justice. Yet Justice Stevens’s career began on the Seventh Circuit and his voting behavior and doctrinal positions on the circuit court provide a unique window into his judicial character and the roots of his thinking on important issues that continued to preoccupy him on the Supreme Court. In this Essay, I first analyze then-Judge Stevens’s voting behavior on the court of appeals by examining the frequency with which he wrote separate opinions, as well as his voting interagreement with his …


The Future Of Family Caregiving: The Value Of Work-Family Strategies That Benefit Both Care Consumers And Paid Care Workers, Peggie R. Smith Jan 2012

The Future Of Family Caregiving: The Value Of Work-Family Strategies That Benefit Both Care Consumers And Paid Care Workers, Peggie R. Smith

Scholarship@WashULaw

When higher-income women “opt in” for full-time employment, they are in a position to contract out some share of their responsibilities in the home to lower-income women who then provide these services. This traditional model of redistributing care work frequently presumes that only child care responsibilities are at stake. However, the aging of the population has increasingly focused attention on workers’ needs for help caring for elderly family members. Indeed, care giving for the elderly may equal, if not surpass, child care as the work-family concern of the twenty-first century. Because elder care, similar to child care, is heavily gendered, …


Abbott V. Abbott: Reviving Good Faith And Rejecting Ambiguity In Treaty Jurisprudence, Molly K. Madden Jan 2012

Abbott V. Abbott: Reviving Good Faith And Rejecting Ambiguity In Treaty Jurisprudence, Molly K. Madden

Maryland Law Review

No abstract provided.


Garner V. State: Maryland’S Implied Retreat From Implied Assertions, Lindsey N. Lanzendorfer Jan 2012

Garner V. State: Maryland’S Implied Retreat From Implied Assertions, Lindsey N. Lanzendorfer

Maryland Law Review

No abstract provided.


Michigan V. Bryant: Returning To An Open-Ended Confrontation Clause Analysis, Shari H. Silver Jan 2012

Michigan V. Bryant: Returning To An Open-Ended Confrontation Clause Analysis, Shari H. Silver

Maryland Law Review

No abstract provided.


An Economy To Begin With: The Possibility Of An Environmental Ethic In The Work Of Hannah Arendt, J. Mathew Noonan, Molly Sturdevant Jan 2012

An Economy To Begin With: The Possibility Of An Environmental Ethic In The Work Of Hannah Arendt, J. Mathew Noonan, Molly Sturdevant

Verbum Incarnatum: An Academic Journal of Social Justice

No abstract provided.