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Masthead Volume 115, Issue 2

West Virginia Law Review

No abstract provided.

Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee

West Virginia Law Review

The political boycott, though recently under attack through litigation aimed at compelled disclosure regimes, is a critical tool in constructing American democracy. Defining political boycotts as those refusals by consumers to buy goods or patronize businesses in order to effect political or social change, this Article is the first paper to place the political boycott at home in all three classic theories underlying the First Amendment: the marketplace of ideas, democracy and self-governance, and self-expression and autonomy. It also situates the boycott alongside current campaign finance doctrine via Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). Just …

Front Matter

West Virginia Law Review

No abstract provided.

Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin

West Virginia Law Review

Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros

West Virginia Law Review

No abstract provided.

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.

Introduction, Ernest Caldwell, Terry Nardin

Chicago-Kent Law Review

No abstract provided.

Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam

Chicago-Kent Law Review

This essay seeks to endorse Tom Ginsburg's call for studies that expand the relatively limited range of historically informed scholarship on constitutional law in Asia. Such a trend will no doubt also broaden the focus of the discipline of contemporary constitutional scholarship, which remains unjustifiably narrow and excludes many regions of the globe. While appreciating the virtues of Ginsburg's broader analysis, the essay also seeks to draw attention to the potential pitfalls of such historically-oriented inquiry. I emphasize the fact that in many Asian societies, contemporary constitutional practice marks radical departures from pre-existing traditions of law and constitutionalism. Drawing upon …

Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell

Chicago-Kent Law Review

Western academics who criticize Chinese constitutionalism often focus on the inability of the Supreme People's Court to effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People's Republic of China. Such criticism, I argue, is the result of analytical methods too invested in Anglo-American constitutional discourse. These approaches tend to focus only on those Chinese political issues that impede the institution of western-style judicial review mechanisms, and often construe a 'right' as merely having vertical effect (i.e., as individual rights held against the State). Drawing on recent scholarship that studies Chinese constitutionalism using its own categories …

Constitutionalism And The Rule Of Law: Considering The Case For Antecedents, Rogers M. Smith

Chicago-Kent Law Review

Tom Ginsburg credibly establishes that East Asian legal traditions include elements that can be considered antecedents for perhaps the strongest form of the rule of law, constitutional restraints that apply even to sovereigns. Treating these precedents chiefly as anticipations of Western-style constitutionalism, however, may be historically misleading and may inhibit reflection on the desirability of practices that represent alternatives to Western conceptions of the rule of law.

Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism", Victor V. Ramraj

Chicago-Kent Law Review

This article provides a critical response to Ernest Caldwell's article, Horizontal Rights and Chinese Constitutionalism: Judicialization through Labor Disputes. According to Caldwell, those looking for an emerging constitutional culture in China should be looking not in the higher courts (as the American paradigm of constitutional law suggests), but in the lower courts that settle day-to-day disputes. Moreover, the constitutional discourse in those lower courts is not about limiting state power, but about the need for "horizontal" protections of citizens—specifically laborers—from their powerful employers in furtherance of constitutional values. This article offers three responses to Caldwell's thesis. First, while acknowledging and …

From Constitutional Listening To Moral Listening, Roy Tseng

Chicago-Kent Law Review

In order to provide comments on Michael Dowdle's account of "Constitutional Listening," this paper aims to establish three counter-arguments. First of all, in contrast to Dowdle's particularly narrow understanding of liberalism, I argue that to evaluate the moral import of liberalism properly, we need to draw attention to the diversities of liberalism. According to what I will call "historicist liberalism," for example, in understanding other cultures we should try to show sensitivities toward alien political systems and moral values. Second of all, although I appreciate Dowdle's effort to avoid the misinterpretation of non-Western constitutional discourse, I do not agree with …

From Constitutional Listening To Constitutional Learning, Leigh Jenco

Chicago-Kent Law Review

In this article, I point out some limitations of Michael Dowdle's "listening" model, particularly its basis in the "principle of charity." I try to show that listening, as well as the principle of charity, are inadvertently passive and one-sided exercises that seem to have little similarity to the deeply self-transformative "learning" Dowdle urges us to undertake. I go on to suggest other ways of accomplishing the goals Dowdle sets for this project. Specifically, I develop the "self-reflexive approach" to think about how we might change ourselves—our conversations, our terms, our concerns—in addition to, and in the process of, learning from …

Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar

Chicago-Kent Law Review

This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, …

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel

Chicago-Kent Law Review

The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …

A Bijective Proof Of A Factorization Formula For Specialized Macdonald Polynomials, Nicholas A. Loehr, Elizabeth Niese

Mathematics Faculty Research

Let μ and ν = (ν 1, . . . , ν k ) be partitions such that μ is obtained from ν by adding m parts of sizer. Descouens and Morita proved algebraically that the modified Macdonald polynomials

H~μ(X;q,t)

satisfy the identity

H~μ=H~νH~(r^m)

when the parameter t is specialize to an mth root of unity. Descouens, Morita, and Numata proved this formula bijectively when r ≤ ν k and

r∈{1,2}.

This note gives a bijective proof of the formula for all r ≤ ν k .

Journeys To Others And Lessons Of Self: Carlos Castaneda In Camposcape, Ageeth Sluis

Scholarship and Professional Work - LAS

Drawing on Michel Foucault’s concept of heterotopia, this article examines the importance of place and gender within constructions of race politics in Carlos Castaneda’s series on shamanism. Championing a “separate reality” predicated on an indigenous worldview, Castaneda’s lessons invited transnational middle-class youth to "journey" alongside him to camposcape—an anachronistic and idealized countryside—as a means to escape the bourgeois values of their homelands and find spiritual fulfillment in a timeless and "authentic" Mexico. Castaneda’s work proposed new viable spaces of difference in Mexico, yet inscribed these spaces with a masculinist discourse that served to neutralize the gender trouble within the counterculture …

2012 Ursinus College Messiah Performance Program, Music Department

Messiah Programs

This music event program from 2012 contains information about the 75th annual performance of Handel's "Messiah" at Ursinus College. It lists the performers and conductor as well as the order of each piece of music.

The Texas Caver, Volume 58, No. 4, December 2012, Jill Orr

The Texas Caver

Contents: Project Deeper - Trip Reports - Fern Cave - Memorable First - Caver in the Headlamp - The Scoop on Texas Grottos - TCR Photos

Pages News, Volume 20, No. 2, December 2012, Takeshi Nakatsuka, Ryuji Tada, Kenji Kawamura

PAGES

Contents: Inside PAGES -- PAGES calendar -- Special Section: Japanese Paleoscience Editorial -- Japanese paleoscience on past climate and environmental changes -- Science Highlights -- Ocean circulation in the North Pacific during the last glacial termination -- North Pacific - North Atlantic linkages during the Last Glacial Termination -- Teleconnection between Asian Monsoon and the North Atlantic -- Latent 1500-year climate oscillation in the Holocene -- The history of Lake Biwa drilling -- Lake Suigetsu 2006 Varved Sediment Core Project -- Monsoon in subtropical Asia from oxygen isotope ratios of tree-ring cellulose -- Hydroclimate reconstruction in Indonesia by stalagmite isotopic …

The Management Of Sport-Related Concussion: Considerations For Male And Female Athletes, Tracey Covassin, R. J. Elbin, Bryan Crutcher, Scott Burkhart

Faculty Publications - Doctor of Psychology (PsyD) Program

Sport-related concussion continues to be a centerpiece of attention in the field of sports medicine. The benefit to using neurocognitive testing when managing concussion will be documented in this review. In addition to providing critical objective information on the neurocognitive status of the concussed athlete, research data will be provided on the pre- and post-concussion neurocognitive profiles of concussed male and female athletes. Specifically, an overview of research will be presented on the epidemiology of male and female concussion rates, as well as concussion outcomes including symptoms and cognitive function post-injury. Finally, a clinician’s perspective on managing sports-related concussion will …

A Scaffold Directed Approach To An Aromatic Belt, David Michael Connors

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

An aromatic belt, a molecule that has two continuous edges that do not intersect and is fully conjugated, is a synthetic target that has yet to be isolated. Aromatic belts are an attractive target for synthetic chemists, due to their curved pi system. Molecules with curved pi systems, such as fullerenes and carbon nanotubes, have unique physical and chemical properties. Synthesis of an aromatic belt is challenging, as bending a pi system leads to an increase in strain energy. Our work uses a scaffold to direct the reactions in a controlled manner. The scaffold will allow smaller planer pieces, the …

Flow Kinematics And Dynamics Controlling Tracer Movement And Shallow-Water Wave Propagation In The Hudson River, Jindong Wang

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Analyses of ship borne ADCP, salinity and dye tracer data from a 2002 experiment in a reach of the lower Hudson Estuary emphasize the influence of bottom topography on halocline position within the water column and dye tracer movement relative to isohalines. Halocline slope and halocline position within the water column during both flood and ebb and their relationship to bottom topography and bottom friction are described in terms of both the quasi-steady two-layer frictional hydraulics and tidally generated internal waves. Hindcast simulations using ROMS for the same reach provide detailed description of 3D velocity field and salinity field to …

Flow Kinematics And Dynamics Controlling Tracer Movement And Shallow-Water Wave Propagation In The Hudson River, Jindong Wang

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Analyses of ship borne ADCP, salinity and dye tracer data from a 2002 experiment in a reach of the lower Hudson Estuary emphasize the influence of bottom topography on halocline position within the water column and dye tracer movement relative to isohalines. Halocline slope and halocline position within the water column during both flood and ebb and their relationship to bottom topography and bottom friction are described in terms of both the quasi-steady two-layer frictional hydraulics and tidally generated internal waves. Hindcast simulations using ROMS for the same reach provide detailed description of 3D velocity field and salinity field to …

Characterizations Of Defects In Bulk Sapphire, Yu Yang

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Defects would effect the optical properties and operation performances of sapphire single crystal material. Further understanding the defects structure and origins in sapphire plays a crucial role. This study is focusing on analyzing the structure of linear, 2D and 3D defects using the X-ray topography technique. Several other techniques such as etch pits method and X-ray reticulography are also employed to revealing the properties of dislocations and stress distribution around certain defect feature. | 62 pages

Assessment And Treatment Of Anxiety And Problem Behavior In Children With Autism Spectrum Disorders And Intellectual Disability, Lauren Jill Moskowitz

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

The relationship between anxiety and problem behavior has not been systematically investigated in children with autism spectrum disorders (ASD). Although there are numerous studies demonstrating successful treatment of anxiety in neurotypical populations, there is little research on the functional assessment and treatment of anxiety in children with ASD and intellectual disability (ID). Thus, the present study evaluated a multimethod strategy for the assessment and treatment of anxiety and problem behavior in three children with comorbid ASD and ID. In Study 1, anxiety was operationally defined, a functional analysis of problem behavior was conducted in High-Anxiety versus Low-Anxiety conditions, and heart …

Revenants, Matthew Owen Ward

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

A writer's journey. Many writers talk about the journey to create a work. They discuss where the work began, then took the writer, the places they have travelled in the time to create the work. During the course of this work I have travelled from the abstraction of experience to the concrete of realization. This book of poetry is the guidebook of those travels. It has the early stops into the terrible and great miserableness of tragic violence as well as the moments at rest as these moments are digested, quietly disturbing moments of emotionless behavior, the desire to recede, …

Characterization Of Outer Membrane Vesicles And Nanotubes In Francisella, William Daniel Mccaig

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Francisella spp. are highly infectious and virulent bacteria that cause the zoonotic disease tularemia. The identification of virulence factors and mechanisms of virulence factor secretion by Francisella spp. are not well understood. Gram-negative bacteria constitutively release vesicles from their cell surface, and these outer membrane vesicles (OMV) may function in the delivery of virulence factors to host cells. In addition, prokaryotic and eukaryotic cells have been shown to produce membrane-enclosed projections, termed nanotubes (NT), which appear to function in cell-cell communication and exchange of molecules. Examination of Francisella bacteria revealed the presence of NT extending out from the bacterial surface, …

Constrained Variational Analysis Integrating Vertical And Temporal Correlations, Jun Huang

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Understanding climate change is an increasingly urgent issue of our society. Existing global climate models are less accurate particularly in predicting severe weather and abrupt climate change, which will invariably cause dramatic losses in life and property. One of the four major impediments identified by the National Research Council is the rudimentary, stationary and often unrealistic statistical methods/models employed in climate modeling. We endeavor to improve the stochastic modeling of atmospheric data by incorporating the spatial and temporal correlations with observations in the constrained variational analysis modeling (referred to CVA model hereinafter) approach pioneered by Zhang and Lin (1997) and …