Digital Commons Network^™

Homelessness At The Cathedral, Marc L. Roark

Missouri Law Review

This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers choose approaches that create conflict between homeless identities and adopted social identities. These approaches tend to relegate the social choice of whether to tolerate homeless persons to one of established social order (property) or broadly conceived notions of liberty (constitutional rights or due process rights). This Article argues for a broader conception of social identity, which may force parties to internalize certain costs of action, tolerate certain uses, or abate …

A Heated Debate: Theoretical Perspectives Of Sexual Exploitation And Sex Work, Lara Gerassi

The Journal of Sociology & Social Welfare

The theoretical and often political frameworks of sexual exploitation and sex work among women are widely and enthusiastically debated among academic and legal scholars alike. The majority of theoretical literature in this area focuses on the macro perspective, while the micro-level perspective regarding causation remains sparse. This article provides a comprehensive overview of the philosophical, legal, and political perspectives pertaining to sexual exploitation of women and girls and addresses the subsequent controversies in the field.

Geo/Ecn 3100 : Global Threats And Problems, Geology/Geography, Economics

Approved Course Proposals

No abstract provided.

Geg/Gel 3420 : Geomorphology: Surficial Processes And Landforms, Geology/Geography

Approved Course Proposals

No abstract provided.

Lin 110: Language And Mind, Lecture Notes, Petko Ivanov

Slavic Studies Course Materials

No abstract provided.

Archaeological And Historical Investigations Of The Robert Newsom Farmstead (23cy497), Callaway County, Missouri, James Adam Halpern

Graduate Theses/Dissertations

Scholarly research on slavery in the U.S. has focused on large commercial plantations in the Old South. Yet a majority of slaveholders and nearly half of the enslaved lived in smaller slaveholding houses and family farms (Burke 2010:4). This study helps redress the dearth of research on small slaveholdings through study of the Robert Newsom Farmstead, or "Celia" Site (23CY497), located in Callaway County, Missouri. The research goal is to model the antebellum spatial organization of the landholding, thereby increasing our understanding of slavery at the Newsom site and on non-plantation slaveholdings generally. This was accomplished through collection and analysis …

Horse-Stealing And Man-Hanging: An Examination Of Vigilantism In The Missouri Ozarks, Connie Sue Yen

Graduate Theses/Dissertations

The purpose of this thesis is to determine what factors did or did not have an impact on the formation of the Slickers, the Regulators, and the Sons of Honor, three vigilante organizations that formed in the Missouri Ozarks during the nineteenth century. Primary source documents indicate that vigilante organizations formed in Missouri, and throughout the United States, for a variety of reasons. This study disproves the theory that vigilante violence in the Missouri Ozarks was based on any social or political struggle between an old or new order. This study contributes to our understanding of Ozarks history, as well …

Gravity And Magnetic Investigations Into Possible Economic Mineral Deposits Within The Northwest St. Francois Terrane, Southeastern Missouri, Brandon Todd Ives

Graduate Theses/Dissertations

The exposed Precambrian St. Francois Mountains in southeast Missouri are a well-studied terrane of rhyolites, granites, and basaltic dikes, but much of the buried basement lithology west of the exposed region is still poorly delineated. The western St. Francois is host to large hydrothermal Pb-Zn and Fe-oxide ore deposits, some of which were located with previous geophysical investigations. The economic ore deposits specifically in the Pea Ridge Mine in Washington County contain known economic minerals and rare earth element deposits. In order to further investigate the Precambrian basement lithologies and the possible locations of additional economic ore deposits, a gravity …

Moving Past: Making Space For Memory After The Boston Marathon Bombing, Austin Thomas Jacobs

Graduate Theses/Dissertations

In the aftermath of the 2013 Boston Marathon bombing, visitors from across the US and the world descended on Boston to pay their respects to the three people who were killed and the more than 260 who were injured at the race's finish line. The public commemorated the tragedy in multiple and diffuse spaces, both physical and virtual. In recognition of this fact, I use the changing location of the spontaneous shrine as an organizing structure for this study, analyzing the memorialization in three "movements,” each of which corresponds to a physical relocation of the shrine itself in the weeks …

Administrative Law—All (Food) Politics Is Local: Cooperative Federalism, New England Small Farms, And The Food Safety Modernization Act, Laura Fisher

Western New England Law Review

No abstract provided.

Environmental Privacy, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …

No More Band-Aid Solutions: Improving Immigration Reform By Addressing The Root Causes Of Mexican Migration And Refining Foreign Direct Investment, Molly E. Kammien

Brooklyn Law Review

No abstract provided.

Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John A. Lynch Jr.

All Faculty Scholarship

As America viewed the first massive deployment of its all-volunteer force at the beginning of the first Persian Gulf War, one journalist commented:

When this war is over, Americans need to do some serious thinking about the all-volunteer armed forces, the one legacy of the Vietnam War with which the nation seemed comfortable. Among other things, we have to decide whether a single parent, and, in many cases, both parents, should be deployed in war zones.

Is the nation's reliance on an army of volunteers worth the emotional grief that comes from ripping military parents away from their children? Do …

State Of Metropolitan Housing Report: 2015: A Year Of Change., Lauren Heberle, C. Hinko, C. Norton, A. Smith, K. Pugh, A. Sizemore, S. Sizemore

Faculty and Staff Scholarship

No abstract provided.

Broadcasting, Listening And The Mysteries Of Public Engagement: An Investigation Of The Aaa Online Audience, J Matthews, L Wallis

Arts Papers and Journal Articles

For several years now the Australian Archaeological Association (AAA) has been expanding its online presence through the Association's website, Facebook page and Twitter account. In order to ascertain whether these activities are worth the investment of time and energy required to pursue and maintain them, an audience survey was undertaken. Coupled with interrogation of Facebook and Twitter user data, the survey results were assessed to understand better AAA's online audience, the value of particular kinds of content, and the online platforms and their use, in order to tailor the Association's efforts. Results show surprising uptake and use by all age …

Subversion And Freedom In The Teaching Of History, D Gare

Arts Papers and Journal Articles

On a summer's evening in 1992, the year I commenced my undergraduate studies at the University of Western Australia, I gathered with hundreds of other nervous young students and their parents amongst the orange seats of Winthrop Hall. We had just received our offers for a place within the Faculty of Arts. Around the walls were clustered academics from the humanities and social sciences, and on that night we were to consider the various disciplines we could pursue in our degrees. This was the first time that I met Tom Stannage, and even now I remember it. He delivered a …

Bo43-4-Web.Pdf, Bird Observer

Bird Observer

No abstract provided.

Cutr Connections [January 2015], Cutr

CUTR Newsletters

No abstract provided.

A Model For Identifying Gentrification In East Nashville, Tennessee, William Jordan Miller

Theses and Dissertations--Geography

Gentrification methodologies rarely intersect. Analysis of the process has been cornered to incorporate either in-depth, neighborhood case studies or large-scale empirical investigations. Understanding the timing and extent of gentrification has been limited by this dichotomy. This research attempts to fuse quantitative and qualitative methods to discern the impact of gentrification between census tracts in East Nashville, Tennessee. By employing archival research, field surveys, and census data analysis this project attempts to comprehend the conditions suitable for gentrification to occur and its subsequent effect on residents and the built environment. A model was generated to determine the relationship between a-priori knowledge …

Rolling Back The Tide: Toward An Individual Mandate For Flood Insurance, Alexander Lemann

Fordham Environmental Law Review

No abstract provided.

Preparing For Changes In Teacher Preparation Program Accountability: Evaluating The Factors That Influence Job Placement Of Teacher Preparation Program Graduates, Amy F. Johnson Phd

All Student Scholarship

Teacher preparations programs are facing increased pressure to report on the outcomes of their graduates, including their job placement rates. Prior research on job placement for teachers establishes that a variety of factors are related to whether or not individuals apply for and receive jobs. This research study explored these factors through quantitative analysis of three cohorts of teacher preparation program completers within the University of Maine system, using logistic regression to identify the individual and contextual characteristics that are most predictive of job application and hiring.

Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality, Dave Fagundes

Texas A&M Journal of Property Law

My comments will proceed in two parts. In Part I, I will briefly describe and summarize the study of moral psychology, indicating how it might apply to property law. And in Part II, I will analyze Property and Social Morality through the lens of moral psychology, showing how Professor Gerhart’s project may be advanced through a richer understanding of the content of our ethical beliefs about property and the psychological mechanisms that give rise to them.

Evaluating Travelers Experience With Highway Advisory Radio (Har) And Citizens Band Radio Advisory System (Cbras) On Florida's Turnpike Enterprise Toll Roadways And Florida Interstate Highways, Nabil Muhaisen

Electronic Theses and Dissertations

The goal of this thesis is to evaluate travelers' experience with Highway Advisory Radio (HAR) and Citizens' Band Radio Advisory System (CBRAS) technologies on both Florida Interstate Highway system (FIH) and the Florida Turnpike Enterprise (FTE) toll roads. To achieve this goal, two different survey tools were used. The first tool is a random digit dialing phone survey known as CATI (Computer-Assisted Telephone Interviewing). The second tool is a field survey that intercepts travelers at the Florida Turnpike Enterprise (FTE) service plazas and the Florida Interstate Highway (FIH) rest areas. HAR and CBRAS are traditional components of the Advanced Traveler …

Perspective On South Dakota Women In Fine And Traditional Arts, Leda Cempellin

School of Design Faculty Publications

The steady increase of women’s contribution to the visual arts in South Dakota, especially in recent decades, makes it impossible to celebrate all the individual accomplishments in the space of a chapter. Therefore, the following sections will limit the discourse to a choice of a few significant patterns of contribution to the arts and crafts in South Dakota. To begin, an historical overview of Lakota and European immigrant arts and influence are discussed, including women’s key influences on arts education in the state. Then, the expansion of traditional arts through NEA apprenticeship programming is described through the work of current …

Downtown's Queer Asides, Lucas Hilderbrand, Alexandra Juhasz, Debra Levine, Ricardo Montez

Publications and Research

No abstract provided.

How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier

Michigan Law Review First Impressions

The case of O’Bannon v. NCAA has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that prohibited payment for the use of names, images, and likenesses (NILs) in videogames, live game telecasts, and other footage. A Ninth Circuit panel, in a 2-1 decision, found that this restraint had anticompetitive effects and procompetitive justifications. And it considered “less restrictive alternatives,” upholding payment for incidental educational expenses beyond tuition and fees, room and board, and required books, but rejecting a deferred $5,000 payment for NILs. Straddling the intersection of …

More Than Bric-A-Brac: Testing Chinese Exceptionalism In Patenting Behavior Using Comparative Empirical Analysis, Jay P. Kesan, Alan Marco, Richard Miller

Michigan Telecommunications & Technology Law Review

Although many developing economies are increasingly influencing the global economy, China’s influence has been the greatest of these by far. Once hindered from competition by political and economic restrictions, China is now a major economic player. As China’s economic might has grown, so too has the demand for intellectual property protection for technologies originating from China. In this article, we present a detailed empirical study of Chinese patenting trends in the United States and the implications of these trends for the global economy. We compare these trends to patenting trends from earlier decades. Specifically, we compare Chinese patenting trends to …

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School History & Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array of upper-level …

Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long

Articles

During the New Deal, as part of a larger effort implementing Progressive Era "conservation" regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. "Conservation" thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural …

Using Gatt-Trips To Improve Development Opportunities: A Proposal For Central America, Cecily Anne O’Regan, Patrick T. O’Regan

UC Law Science and Technology Journal

Given the geographic and natural resource advantages that countries in the Americas have which will likely shape the business and trade climate in the 21st century, accelerating the development process for developing countries in the region takes on new significance for all involved. This work assesses ways in which Central American countries can use compliance with GATT-TRIPs and TRIPs-plus bilateral agreements to promote their economic development. The first section describes current approaches to IP protection in Costa Rica and El Salvador. The final section goes on to propose regional strategies and legal changes, which are GATT-TRIPs compliant that could potentially …