Digital Commons Network^™

An Incongruent Amalgamation: John Stuart Mill's Utilitarianism On Naturalism, Jeffrey M. Robinson

Liberty Theological Review

John Stuart Mill's utilitarian principle of the greatest happiness for the greatest number, often surfaces in cultural debates in the contemporary West over the extent and foundations of moral duties. Given the drift from its historical Judeo-Christian moorings, naturalism now provides much of the epistemic grounding in Western culture in relation to moral duties. The amalgamation of Mill’s utilitarianism and naturalism has resulted in a cultural and epistemic disconnect. Naturalism is hard-pressed to provide consistent epistemic support for Mill’s utilitarian principle. This essay provides a number of suggestions as to why Mill’s utilitarianism may be inconsistent on naturalism.

What Is Right With Africa: The Promise Of The Protocol On Women's Rights In Africa, Leslye Amede Obiora, Crystal Whalen

The Transnational Human Rights Review

No abstract provided.

The Latest Progress In Wave Energy Conversions In China And The Analysis Of A Heaving Buoy Considering Pto Damping, Hong-Da Shi, Fei-Fei Cao, Na Qu

Journal of Marine Science and Technology–Taiwan

Wave energy conversions are being widely researched and developed in China; two key factors of significance with these devices are safety and efficiency. This paper provides information on the latest techniques of wave energy devices investigated in China, introduces their working principles, and describes performance briefly. To design a wave device, the conversion efficiency needs to be estimated. This paper describes a method for doing such analysis on a heaving buoy considering the power take-off, which is an important step for achieving wave-to-wire simulation.

Community Emergency Medicine: Benefits And Challenges Of Screening For Elder Abuse In The Emergency Department Of A Developing Country, Muhammad Akbar Baig, Asad Mian, Erfaan Hussain, Shahan Waheed

Department of Emergency Medicine

No abstract provided.

(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman

William & Mary Bill of Rights Journal

Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The dissenters …

The (Not So Dire) Future Of The Necessary And Proper Power After National Federation Of Independent Business V. Sebelius, Celestine Richards Mcconville

William & Mary Bill of Rights Journal

No abstract provided.

The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman

William & Mary Bill of Rights Journal

The Establishment Clause forbids the government from engaging in the same religious exercise that the law protects when performed by a private party. Thus, an establishment case often turns on whether religious activity is “state action.” Too often, however, courts ignore the state action analysis or merge it with the substantive Establishment Clause analysis. This muddles both doctrines and threatens individual religious liberty.

This Article argues that the state action doctrine should account for the government’s distribution of private rights. Accordingly, the Constitution applies to the government’s distribution of rights, but not to a private party’s use of those rights. …

Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno

William & Mary Bill of Rights Journal

The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such as whether …

The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray

William & Mary Bill of Rights Journal

No abstract provided.

Faculty Perspectives Of A School-Based Mental Health Program In A Rural School District, Jennifer Lynn Massey

Doctor of Education in Teacher Leadership Dissertations

School-based mental health centers provide promising solutions to the nationwide problem of high school dropouts and help students tackle the many barriers that may not only impede their health and well-being, but also their chances for completing high school (Center for School, Health, and Education, 2014). Therefore, gaining and understanding the perspectives of educators will influence the course initiative. The study showed that the services were needed because every participant (n=130) had experienced students who exhibited behaviors associated with mental health problems in the classroom or school environment. Duties regarding the provision of counseling services and behavior-related issues were perceived …

Human Rights States And Societies: A Reflection From Kenya, Willy Mutunga

The Transnational Human Rights Review

A human rights state is conceptualized as a liberal democratic state with a social democratic content, the modern day version of the capitalist welfare state. With the “collapses” of communism and neoliberalism, the paradigms of human rights and social justice have taken a center state. The birth of transformative constitutions and transformative constitutionalism linked to modern and comprehensive Bills of Rights have enriched the intellectual, ideological, and political debates of human rights and social justice paradigms. On one hand they have the ingredients of mitigating neo-liberalism while on the other hand they reflect some of the features of the paradigms …

Theorizing International Criminal Procedure Review Essay: Christoph Safferling's International Criminal Procedure, Sujith Xavier

The Transnational Human Rights Review

No abstract provided.

In Re: Christian Womack

2015 Decisions

USDC for the Eastern District of Pennsylvania

Victor Rodriguez V. Samuel Salus

2015 Decisions

USDC for the Eastern District of Pennsylvania

Tijuana Johnson V. Wynns Extended Care Inc

2015 Decisions

USDC for the District of New Jersey

Cheng Chen V. Attorney General United States

2015 Decisions

Agency

Usa V. Marquis Lopez

2015 Decisions

USDC for the District of Delaware

Robin Tasco V. International Brotherhood Of E

2015 Decisions

USDC for the Eastern District of Pennsylvania

Carl Barton V. Hewlett Packard Co

2015 Decisions

USDC for the Western District of Pennsylvania

African Lessons For Post-2015 Global Right To Development Conceptualization And Practice, Obiora Chinedu Okafor

The Transnational Human Rights Review

No abstract provided.

The Perceived Relationship Of Leadership Behaviors To Teacher Preparedness For Implementing Connecticut’S Core Standards In Mathematics And Use Of Math Practices Aligned With Key Shifts In The Common Core, Angela Rossbach

Doctoral Dissertations

This study examines the relationship between specific leadership behaviors (i.e. the extent to which principals establish goals and expectations; plan, coordinate and evaluate teaching and the curriculum; and promote and participate in teacher learning) and teachers’ self-reported sense of preparedness and self-reported use of practices that align with the key shifts in the Common Core State Standards in Mathematics (CCSSM). Data for this quantitative study are from a teacher survey that was distributed electronically to all K-8 certified Connecticut teachers in fall, 2015.

Linear regression analysis shows significant relationships between the variables. Specifically, teachers who reported higher levels of principal …

Reinforcing The Identity Of The African Children's Rights Committee: A Case For Limiting The Lust For Judicial Powers In Quasi -Judicial Human Rights Mechanisms, Solomon T. Ebobrah

The Transnational Human Rights Review

Established as a quasi-judicial treaty supervisory body rather than an international court, the African Committee of Experts on the Rights and Welfare of the Child struggles for relevance in the African human rights system where most non-state stakeholders arguably prefer organs with clear judicial powers. Thus, similar to the experiences of its older counterparts, the Committee appears to be under subtle pressure to substitute or at least reinforce its quasi-judicial character with more judicial powers and action. In essence, the Committee suffers from the uncertainty that prevails in international law regarding the definition of the term quasi-judicial; and the unclear …

Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro

The Transnational Human Rights Review

In its traditional conception, international law regulates relations between sovereign states. This definition is challenged by current developments of international law, especially in the area of human rights. The human person is arguably a bearer of rights and duties under international law. However, recognizing this individual legal personality is not enough. International bodies and treaties need to acknowledge that individuals are subjects of international law within a pluralistic world. In other words, the law of nations must crystalize the idea that individuals are, with all their cultural differences, subjects of international law. The Inter-American Court of Human Rights recognizes this …

The Relationship Between Human Rights And Judicial Globalization, Klodian Rado

The Transnational Human Rights Review

There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their …

Federal Sentencing Guidelines & United States V. Booker: Social Context And Sentencing Disparity, Jeffrey Nowacki

Articles

The United States v. Booker (2005) decision rendered Federal Sentencing Guidelines advisory rather than mandatory. In the context of this decision, this study examines both the direct influence of aggregate-level political, community and administrative variables on sentencing outcomes, and the way that such characteristics might contextualize individual-level predictors. Using multi-level regression techniques, this study examines the role of aggregate level variables on sentence length decisions across four distinct time periods. Moreover, this article also examines whether aggregate-level variables condition the effects of race/ethnicity on sentencing outcomes. While the direct effects of aggregate-level variables on sentencing outcomes are generally limited to …

Morrison V. St. Luke's Regional Medical Center, Ltd Respondent's Brief 1 Dckt. 42625

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Frantz V. Hawley Troxell Ennis & Hawley Llp Clerk's Record V. 2 Dckt. 43576

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Academic Duty And Academic Freedom, Amy Gadja

Indiana Law Journal

On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …

General Report Of The Committee On Academic Freedom And Academic Tenure

Indiana Law Journal

The safeguarding of a proper measure of academic freedom in American universities requires both a clear understanding of the principles which bear upon the matter, and the adoption by the universities of such arrangements and regulations as may effectually prevent any infringement of that freedom and deprive of plausibility all charges of such infringement. This report is therefore divided into two parts, the first constituting a general declaration of principles relating to academic freedom, the second presenting a group of practical proposals, the adoption of which is deemed necessary in order to place the rules and procedure of the American …

Foreword, Steve Sanders

Indiana Law Journal

One hundred years ago this year, a group of prominent American professors came together to form the American Association of University Professors (AAUP). As a crucial part of this endeavor, they drafted a manifesto on academic freedom and tenure that set forth what must have been viewed, at the time, as revolutionary propositions about the role of the scholar vis-à-vis the university and the role of the scholar and the university together vis-à-vis the larger society