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2013

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Mcculloch And The Thirteenth Amendment, Jennifer Mason Mcaward Jan 2013

Mcculloch And The Thirteenth Amendment, Jennifer Mason Mcaward

Journal Articles

Section 2 of the Thirteenth Amendment gives Congress the “power to enforce” the ban on slavery and involuntary servitude “by appropriate legislation.” The conventional view of Section 2 regards this language as an allusion to McCulloch v. Maryland’s explication of Congress’s executory powers, and holds that Congress has substantial, and largely unreviewable, power to determine both the ends and the means of Section 2 legislation. This Essay argues that the conventional view departs from the original meaning of Section 2. It demonstrates that McCulloch preserved a role for judicial review with respect to both the ends and means of federal …


Dinner Parties During "Lost Decades": On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy, David A. Westbrook Jan 2013

Dinner Parties During "Lost Decades": On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy, David A. Westbrook

Journal Articles

Two groups of problems that ought to be understood in relation to one another: economic trends in the North Atlantic societies, and the capacity to collectively thinking, discussing, and even decide on what to do about our economy. Part One argues that economic policy and economic life are not only intertwined, but compromise one another. Part Two uses the World Economics Association's recent virtual conference, Rethinking Financial Markets to discuss some possibilities for fostering collective thought. Part Three briefly discusses the nature of the economy at the present time, i.e., the tasks confronting contemporary economic policy elites.


Precedent And Jurisprudential Disagreement, Amy Coney Barrett Jan 2013

Precedent And Jurisprudential Disagreement, Amy Coney Barrett

Journal Articles

This Article, a contribution to a symposium on constitutional foundations, maintains that an unappreciated function of stare decisis is that of referee between competing visions of the Constitution. Stare decisis is styled as a doctrine of error-correction, but in controversial cases, "error" is often a stand-in for disagreement about first principles. In these cases, stare decisis functions less to guide the business of correcting mistakes — a conception that oversimplifies the reality of pluralism on the Court — than to mediate intense disputes about the Court’s role in interpreting the Constitution. Identifying this function of stare decisis offers a different …


'The Freedom Of The Church': (Towards) An Exposition, Translation, And Defense, Richard W. Garnett Jan 2013

'The Freedom Of The Church': (Towards) An Exposition, Translation, And Defense, Richard W. Garnett

Journal Articles

This Article was presented at a conference, and is part of a symposium, on the topic of "Freedom of the Church in the Modern Era." In addition to summarizing and re-stating claims made by the author in earlier work – claims having to do with, among other things, church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions – the Article attempts to strengthen the argument that the idea of “the freedom of the church” (or something like it) is not a relic or anachronism but instead remains a crucial component …


Introduction To Volume 5 Of The Yearbook On Arbitration And Mediation, Nancy A. Welsh Jan 2013

Introduction To Volume 5 Of The Yearbook On Arbitration And Mediation, Nancy A. Welsh

Faculty Scholarship

Professor Welsh introduces Volume 5 of the Yearbook on Arbitration and Mediation.


Asian Americans And Their Communities Of Cleveland, Stephen Fugita, David Namkoong, Domingo Patawaran, Suey Yee Jan 2013

Asian Americans And Their Communities Of Cleveland, Stephen Fugita, David Namkoong, Domingo Patawaran, Suey Yee

Cleveland Memory

Asian Americans and Their Communities of Cleveland was written as a part of CSU’s Cleveland Ethnic Heritage Studies and it brought together writers of many nationalities of Asian descent. The Asian community here refers to Americans of Chinese, Filipino, Korean, and Japanese ancestry. It can add to the reader’s sensitivity and knowledge about cultural pluralism and the mosaic that makes up the American culture. Dr. Karl Bonutti, Editor, Monograph Series Ethnic Heritage Studies Cleveland State University. Introduction by Henry T. Tanaka.


Promises And Challenges Of Teaching Statistical Reasoning To Journalism Undergraduates: Twin Surveys Of Department Heads, 1997 And 2008, Robert J. Griffin, Sharon Dunwoody Jan 2013

Promises And Challenges Of Teaching Statistical Reasoning To Journalism Undergraduates: Twin Surveys Of Department Heads, 1997 And 2008, Robert J. Griffin, Sharon Dunwoody

College of Communication Faculty Research and Publications

This research is dedicated to the memory of Victor Cohn, former science reporter for the Washington Post and often considered the dean of science writers, who collaborated on the first wave of the survey. The 1997 survey was supported by a grant from the American Statistical Association and the 2008 survey by a grant from the Communication graduate program at Marquette University. Special thanks to research assistants Kathryn Zabriskie and Gongke Li for their valuable help in the survey. The analyses and conclusions are solely those of the authors.


Capture Success Higher Near Roads For San Clemente Island Foxes, Nathan P. Snow, William F. Andelt Jan 2013

Capture Success Higher Near Roads For San Clemente Island Foxes, Nathan P. Snow, William F. Andelt

United States Department of Agriculture Wildlife Services: Staff Publications

Recently, island fox (Urocyon littoralis) populations on 4 of 6 California Channel Islands (USA) were greatly reduced by colonizing golden eagles (Aquila chrysaetos) and a suspected outbreak of disease, creating concern for subspecies on all islands. Consequently, efforts of live-trapping foxes for research, monitoring, and vaccination has increased. Despite increased trapping efforts, evaluation of factors that influence capture success has not been conducted. We examined capture success of island foxes at 85 random trapping locations on San Clemente Island during 170 trap-nights during 2006–2007. We captured 98 island foxes, and found that traps placed ≤10 m …


The Effect Of The Military On Political Instability, Chikezie Kenneth Okoli Jan 2013

The Effect Of The Military On Political Instability, Chikezie Kenneth Okoli

Theses and Dissertations

The relationship between the military and political instability is often measured qualitatively, with emphasis on country specific cases. This paper differs from other papers on two fronts. First, the measurement of political instability as a combination of state failure and political violence allows for a more in-depth analysis than would be available if instability was examined as the onset of only one event. Second, by using panel data and maximum likelihood estimation (MLE) techniques, this paper is able to make general conclusions about the effect of the military on instability. The findings of this paper show that the various military …


Comparison Of Semantic And Episodic Memory Bold Fmri Activation In Predicting Cognitive Decline In Older Adults, Nathan Hantke, Kristy A. Nielson, John L. Woodard, Leslie M. Guidotti Breting, Alissa Butts, Michael Seidenberg, J. Carson Smith, Sally Durgerian, Melissa A. Lancaster, Monica Matthews, Michael Sugarman, Stephen M. Rao Jan 2013

Comparison Of Semantic And Episodic Memory Bold Fmri Activation In Predicting Cognitive Decline In Older Adults, Nathan Hantke, Kristy A. Nielson, John L. Woodard, Leslie M. Guidotti Breting, Alissa Butts, Michael Seidenberg, J. Carson Smith, Sally Durgerian, Melissa A. Lancaster, Monica Matthews, Michael Sugarman, Stephen M. Rao

Psychology Faculty Research and Publications

Previous studies suggest that task-activated functional magnetic resonance imaging (fMRI) can predict future cognitive decline among healthy older adults. The present fMRI study examined the relative sensitivity of semantic memory (SM) versus episodic memory (EM) activation tasks for predicting cognitive decline. Seventy-eight cognitively intact elders underwent neuropsychological testing at entry and after an 18-month interval, with participants classified as cognitively “Stable” or “Declining” based on ≥1.0 SD decline in performance. Baseline fMRI scanning involved SM (famous name discrimination) and EM (name recognition) tasks. SM and EM fMRI activation, along with Apolipoprotein E (APOE) ε4 status, served as predictors of cognitive …


Sarah Jones V. Dirty World Entertainment, United States Court Of Appeals For The Sixth Circuit Jan 2013

Sarah Jones V. Dirty World Entertainment, United States Court Of Appeals For The Sixth Circuit

Historical and Topical Legal Documents

Appellant's Opening Brief


Howard V. Hertz Global, United States District Court For The District Of Hawaii Jan 2013

Howard V. Hertz Global, United States District Court For The District Of Hawaii

Historical and Topical Legal Documents

No abstract provided.


Witkoff V. Topix, California Superior Court Jan 2013

Witkoff V. Topix, California Superior Court

Historical and Topical Legal Documents

Demurrer


In Re Iphone Application Litigation, United States District Court For The Northern District Of California Jan 2013

In Re Iphone Application Litigation, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


Parts.Com V. Yahoo, United States District Court For The Southern District Of California Jan 2013

Parts.Com V. Yahoo, United States District Court For The Southern District Of California

Historical and Topical Legal Documents

No abstract provided.


Andreolas V. Twitter, Illinois Circuit Court Jan 2013

Andreolas V. Twitter, Illinois Circuit Court

Historical and Topical Legal Documents

No abstract provided.


J.S. V. Village Voice, Washington Court Of Appeals Jan 2013

J.S. V. Village Voice, Washington Court Of Appeals

Historical and Topical Legal Documents

No abstract provided.


Wilson & Haubert V. Yahoo, United States District Court For The Northern District Of California Jan 2013

Wilson & Haubert V. Yahoo, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


Google V. Rockstar Consortium, United States District Court For The Northern District Of California Jan 2013

Google V. Rockstar Consortium, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


Overstock.Com V. Nomorerack, United States District Court For The District Of Utah Jan 2013

Overstock.Com V. Nomorerack, United States District Court For The District Of Utah

Historical and Topical Legal Documents

No abstract provided.


Sen V. Amazon.Com, United States District Court For The Southern District Of California Jan 2013

Sen V. Amazon.Com, United States District Court For The Southern District Of California

Historical and Topical Legal Documents

No abstract provided.


Jones V. Dirty World Entertainment, United States Court Of Appeals For The Sixth Circuit Jan 2013

Jones V. Dirty World Entertainment, United States Court Of Appeals For The Sixth Circuit

Historical and Topical Legal Documents

Appellee brief


Campbell V. Facebook, United States District Court For The Northern District Of California Jan 2013

Campbell V. Facebook, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


J.S. V. Village Voice, Washington Court Of Appeals Jan 2013

J.S. V. Village Voice, Washington Court Of Appeals

Historical and Topical Legal Documents

No abstract provided.


The Wave Studio V. General Hotel Management, United States District Court For The Southern District Of New York Jan 2013

The Wave Studio V. General Hotel Management, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.


George V. Storage America, United States District Court For The District Of Connecticut Jan 2013

George V. Storage America, United States District Court For The District Of Connecticut

Historical and Topical Legal Documents

No abstract provided.


New Mexico V. Whitaker, New Mexico Supreme Court Jan 2013

New Mexico V. Whitaker, New Mexico Supreme Court

Historical and Topical Legal Documents

No abstract provided.


In Re John Doe A/K/A Trooper, Texas Supreme Court Jan 2013

In Re John Doe A/K/A Trooper, Texas Supreme Court

Historical and Topical Legal Documents

No abstract provided.


A Direct Thrust Measurement System For A Waterjet Propelled, Free Running Usv, John A. Grimes Jan 2013

A Direct Thrust Measurement System For A Waterjet Propelled, Free Running Usv, John A. Grimes

Electronic Theses and Dissertations 2010 - 2019

The relationship between cross-flow at a waterjet inlet and delivered thrust is not fully understood. A direct thrust measurement system was designed for a waterjet propelled, free running USV. To induce sway velocity at the waterjet inlet, which was considered equivalent to the cross flow, circles of varying radii were performed at Reynolds Numbers between 3.48 x 106 and 8.7 x 106 and radii from 2.7 to 6.3 boat lengths. Sway velocities were less than twenty percent of mean forward speed with slip angles that were less than 20°. Thrust Loading Coefficients were compared to sway as a percent of …


"A Spirit Of Benevolence", Jennifer L. Boxen Jan 2013

"A Spirit Of Benevolence", Jennifer L. Boxen

Electronic Theses and Dissertations 2010 - 2019

This thesis argues that the British Public Health movement did not begin in 1842 with Edwin Chadwick's publication, Report on the Sanitary Conditions of the Labouring Population of Great Britain (1842), or in 1848, with the subsequent passage of the Public Health Act. The beginning of the public health movement was instead the product of local initiatives such as the Manchester Board of Health, administered not by central government, but by members of the local community supported by predominantly philanthropic funding. The Manchester movement predated Chadwick's efforts by at least half a century and bore a greater resemblance to the …