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Resolution Vi: The Virginia Plan And Authority To Resolve Collective Action Problems Under Article I, Section 8, Kurt T. Lash

Law Faculty Publications

The article presents on the general principles of limited enumerated federal power followed by the courts of the U.S. used for determining scope of national authority. The declaration of Resolution VI under which the U.S. Congress has the power for regulating collective action problems having national importance is discussed. The historical evidences of Resolution VI, the debates related to ratification and the errors in historical facts are also discussed.

Inkblot: The Ninth Amendment As Textual Justification For Judicial Enforcement Of The Right To Privacy, Kurt T. Lash

Law Faculty Publications

One of the more indelible moments in late twentieth century legal discourse occurred when Judge Robert Bork described the proper response of a judge confronted with the Ninth Amendment. Nominated to replace retiring Supreme Court Justice Lewis Powell, Judge Bork appeared before the Senate Judiciary Committee and declared that courts had no business enforcing the mysterious clause at all. Given the scarcity of historical evidence regarding the original meaning of the amendment, using the Ninth Amendment to strike down a law would say more about the predilections of the judge than the requirements of the text. Here is the famous …

Research Strategies, Maureen Moran

Law Faculty Publications

It is 3 a .m. and you are up, prepping for class. Again. You have reading to do for Torts, for Contracts, and for Civil Procedure, and if you fall behind even one day, you will be spending hours late at night for the next few days trying to catch up. Or, worse, you will be unprepared and that will be the day your professor will call on you. And to add to your stress, you have a research project for your legal writing class due in less than two days, and you have not even started. Your professor told …

Big Media In Copyright Litigation, James Gibson

Law Faculty Publications

What role does Big Media play in the courtroom?

Major media companies are often portrayed as aggressive drivers of expansive copyright, dominating every aspect of the legal landscape. When it comes to litigation, however, the truth is more nuanced. My colleague Chris Cotropia and I have recently completed a data collection project in which we examined pleadings from approximately 1,000 copyright cases filed over a four-year period (a statistically significant sample). We are still crunching the numbers, but what we’ve learned so far indicates that record labels, film studios, major software companies, and other behemoths of the copyright world end …

Joint Utility Of Event- Dependent And Environmental Crime Analysis Techniques For Violent Crime Forecasting, Joel M. Caplan, Leslie W. Kennedy, Eric L. Piza

Publications and Research

Violent crime incidents occurring in Irvington, New Jersey, in 2007 and 2008 are used to assess the joint analytical capabilities of point pattern analysis, hotspot mapping, near-repeat analysis, and risk terrain modeling. One approach to crime analysis suggests that the best way to predict future crime occurrence is to use past behavior, such as actual incidents or collections of incidents, as indicators of future behavior. An alternative approach is to consider the environment in which crimes occur and identify features of the landscape that would be conducive to crime. Thanks to advances in geographic information system technology and federally funded …

Out On The Land: Income, Subsistence Activities, And Food Sharing Networks In Nain, Labrador, Kirk Dombrowski, Emily Channell, Bilal Khan, Joshua Moses, Evan Misshula

Publications and Research

In recent Inuit ethnography, a major concern has been how and to what extent contemporary Inuit participate in and depend on subsistence activities, particularly in the context of increasing wage employment and growing participation in the cash economy. This paper provides an analysis of these activities in the predominately Inuit community of Nain, Labrador. Using social network data and demographic information collected between January and June 2010, we examine the interconnections between subsistence activities—obtaining “country food” through activities such as hunting, fishing, and collecting—with access to the means of obtaining subsistence resources (such as snow mobiles, cabins, and boats), employment …

Bridging The Gap Between Health And Justice, Lior Gideon

Publications and Research

No abstract provided.

Democratizing Indian Popular Music: From Cassette Culture To The Digital Era, Peter L. Manuel

Publications and Research

The history of Indian popular music constitutes in itself a significant development in modern culture, as this set of genres—especially but not only in their Bollywood forms—have been cherished by hundreds of millions of listeners not only in South Asia but internationally as well. At the same time, the trajectory of Indian popular music represents a dramatic case study of media culture as well, as its patterns of ownership, consumption, and even musical structures themselves have been conditioned by technological changes. Most striking is the way that a highly monopolized, streamlined, and homogeneous popular music culture dominated for several decades …

Music Cultures Of Mechanical Reproduction, Peter L. Manuel

Publications and Research

Popular musics arc best understood as comprising those genres whose styles have evolved in an inextricable relation with their dissemination via the mass media and their marketing and sale on a mass-commodity basis. While much popular-music activity takes place independently of the mass media, other essential aspects of popular-music production and marketing arc inevitably inseparable from technologies of mechanical reproduction, which perforce condition aspects of music culture in general. Hence, just as one could speak of military cultures based around the stirrup, or later the firearm, or agrarian cultures based on the hoe, the ox, or the tractor, so do …

Christianity, Islam, And Secular Law, Zachary R. Calo

Scholarly Works

No issue is more central to theological engagement with law than the meaning of the secular. Indeed, the capacity of constructive religious thought to inform the modern legal order depends in large measure on developing a theological account of the secular and secular law in particular.

Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country

American Indian Law Review

No abstract provided.

A Guide To The Model Tribal Secured Transactions Act For Those Familiar With The Uniform Commercial Code, Elaine A. Welle

American Indian Law Review

No abstract provided.

Policies Of Inequity--A World Apart: A Comparison Of The Policies Toward Indigenous Peoples Of A Post-Colonial Developing Nation To Those Of A Post-Industrial Developed Nation, Caitlain Devereaux Lewis

American Indian Law Review

No abstract provided.

Unmasking Tonto: Can Title Vii "Make It" In Hollywood, Megan Basham

American Indian Law Review

No abstract provided.

Federal Labor Law And The Mashantucket Pequot: Union Organizing At Foxwoods Casino, Derek Ghan

American Indian Law Review

No abstract provided.

May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison

American Indian Law Review

No abstract provided.

The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer

American Indian Law Review

No abstract provided.

The Leonard Peltier Case: An Argument In Support Of Executive Clemency Based On Norms Of International Human Rights, Joseph Ezzo

American Indian Law Review

No abstract provided.

State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen

American Indian Law Review

No abstract provided.

Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters

American Indian Law Review

No abstract provided.

Progress In Self-Determination: Navigating Funding For Isda Contracts After Salazar V. Ramah Navajo Chapter, Steven L. Mangold

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2013 Native American Law Student Association Moot Court Competition, Zachary Diionno, Sommerset Wong

American Indian Law Review

No abstract provided.

Seventh-Day Adventist, Semi-Pelagiansim, And Overlooked Topics In Adventist Soteriology: Moving Beyond Missing Links And Toward A More Explicit Understanding, George R. Knight

Andrews University Seminary Studies (AUSS)

No abstract provided.

Martin Luther: Marriage And The Family As A Remedy For Sin, Trevor O'Reggio

Andrews University Seminary Studies (AUSS)

No abstract provided.

Setting Apart For The Ministry: Theory And Practice In Seventh-Day Adventism (1850-1920), Denis Kaiser

Andrews University Seminary Studies (AUSS)

No abstract provided.

Alappat Redux: Support For Functional Language In Software Patent Claims, Andrew Chin

Faculty Publications

The Federal Circuit has suggested in some recent cases that any algorithm can serve as adequate structural support for a means-plus-function element in a software patent claim under § 112(f). A recent proposal by Mark Lemley fully endorses this proposition and seeks its broader application. The concept of an algorithm, however, is too slippery to serve as the basis for such a rule. In this Article, I argue that this overreliance on the algorithm concept originated in a revisionist gloss on the Federal Circuit's 1994 Alappat decision. Informed by a closer reading of what Alappat actually has to say about …

School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.

Juries For Juveniles, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Changed Circumstances: The Federal Rules Of Civil Procedure And The Future Of Institutional Reform Litigation After Horne V. Flores, Catherine Y. Kim

Faculty Publications

No abstract provided.

The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall

Faculty Publications

No abstract provided.