Digital Commons Network^™

The Hague Evidence Convention: A Matter Of Comity? An Unthinkable Cession Of Jurisidiction?, David Joseph Sales

University of Chicago Legal Forum

No abstract provided.

Warc 1985: The Effects Of An Equitable Access Regime On Satellite Telecommunications Services, Eric D. Altholz

University of Chicago Legal Forum

No abstract provided.

Bilateral Invesment Treaties: A Means For Liberalizing Trade In Services, Gregory G. Garner

University of Chicago Legal Forum

No abstract provided.

Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii

University of Chicago Legal Forum

No abstract provided.

Government Impediments And Professional Constraints On The Operations Of International Accounting Organziations, Frank A. Rossi

University of Chicago Legal Forum

No abstract provided.

Negotiation Patterns For Liberalizing International Trade In Professional Services, John H. Barton

University of Chicago Legal Forum

No abstract provided.

The Economics Of The World Market For Business Services: Implications For Negotiations On Trade In Services, Theirry J. Noyelle, Anna B. Dutka

University of Chicago Legal Forum

No abstract provided.

Economic Perspectives On Trade In Professional Services, Jagdish Bhagwati

University of Chicago Legal Forum

No abstract provided.

Trade In Professional Services: An Overview, Geza Feketekuty

University of Chicago Legal Forum

No abstract provided.

Barriers To International Trade In Professional Services, Legal Forum Editors

University of Chicago Legal Forum

No abstract provided.

An Honorable Vision, Hannah M. Rainous

Honorable Mention

Director of Liberty University's Honors Program, Dr. Jim Nutter, shares his vision for the program.

An Honorable Journey, Hannah M. Rainous

Honorable Mention

A history of Liberty University's Honors Program.

Fungi On White-Nose Infected Bats (Myotis Spp.) In Eastern Canada Show No Decline In Diversity Associated With Pseudogymnoascus Destructans (Ascomycota: Pseudeurotiaceae), Karen J. Vanderwolf, David Malloch, Donald F. Mcalpine

International Journal of Speleology

The introduction of the fungal pathogen Pseudogymnoascus destructans (Pd) to North America has stimulated research on the poorly known mycology of caves. It is possible that the introduction of Pd reduces the diversity of fungi associated with bats hibernating in caves. To test this hypothesis we examined the fungal assemblages associated with hibernating bats (Myotis spp.) pre- and post- white-nose syndrome (WNS) infection in eastern Canada using culture-dependent methods. We found the mean number of fungal taxa isolated from bats/hibernaculum was not significantly different between pre-infection (29.6 ± 6.1SD) and post-infection with WNS (32.4 ± 4.3). Although …

Affirmative Action And The Crisis In Higher Education, Scott D. Gerber

ConLawNOW

At all but the nation’s top colleges and universities, enrollments are down and budgets are strapped. Although many offer ideas why, the heavy-headed use of racial and ethnic preferences in student admissions, financial aid, and faculty hiring is also to blame, but also nobody ever mentions that. The term “affirmative action” originated with an executive order signed by President John F. Kennedy on March 6, 1961. Fast forward five decades and, to borrow a line from Dorothy in The Wizard of Oz, “We’re not in Kansas any more.” Bluntly stated, there is systemic discrimination in all three categories of affirmative …

Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn

ConLawNOW

The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …

Prayer And The Meaning Of The Establishment Clause: A Debate On Town Of Greece V. Galloway, Patrick M. Garry

ConLawNOW

Greece v. Galloway involved the constitutionality of the town of Greece’s practice of opening its monthly town board meetings with an invocation given by a volunteer chaplain of the month. The issue in Greece was not the appropriateness, sensitivity, or wisdom of the prayers, nor whether some people are offended by the prayers.

The Establishment Clause is not about feelings, just as the Speech Clause is not about the feelings of people who disagree with or are offended by other people’s speech. The Establishment Clause is not an individual rights clause; it is a clause focused on the institutional liberty …

German Antisemitic Postcard

Bulmash Family Holocaust Collection

Front: A black and white illustration of three Jewish men playing music and singing to various laughing animals and children. [Howling Wolf]Back: Black printed postcard lines.

Information Provided by Michael D. Bulmash: An early postally unused antisemitic postcard, a cartoonish sendup of Eastern Jews and their music, entitled “howling wolf.” Caricatures of three Jewish musicians playing their instruments while animals are howling and children are laughing gleefully.

German Antisemitic Postcard

Bulmash Family Holocaust Collection

Front: A color drawing of a Jewish man selling contraband goods while three officers detain him.Back: Blank green postcarte lines with a penciled "Judaika!" in the upper right.

Information Provided by Michael D. Bulmash:

Postally unused antisemitic postcard of a Jewish merchant caught with contraband.

Navigating A "Legal Black Hole": The View From Guantanamo Bay, Carlos Warner

ConLawNOW

This article discusses the unique and perhaps bizarre litigation surrounding the detainees held in Guantanamo Bay, Cuba by the United States Government. The article describes in detail the development of the litigation making “meaningful judicial review” impossible for the detained men. The article also describes how one attorney has strategically advanced the causes of his clients in spite of restrictive classification of material and impossible legal standards. The article describes the conditions and logistics surrounding visiting clients in Guantanamo and litigating cases.

Finally, the article concludes that the only way to "win" the Guantanamo litigation is through a "Dada" approach …

Who Amended The Amendment?, John Olsson

ConLawNOW

The purpose and intent of the Sixth Amendment of the US Constitution has been repeatedly distorted by textualist misinterpretation, orchestrated by elements of the judiciary more concerned with preserving the power of government than the rights of individual defendants. As a result, it is hard to know what the Amendment stands for, since it has been successively re‑interpreted and, effectively, amended for at least the past 80 years and possibly longer. The author argues that it is time for courts to return to the spirit of the laws that actuated the Bill of Rights over two hundred years ago, and …

The Founders On: "Does The Constitution Work?", Craig A. Stern

ConLawNOW

Whether the Constitution works depends upon the purpose of its working. Discerning that purpose, however, has resisted consensus. Consequently, this article suggests a roundabout way to supply at least a tentative answer to the question whether the Constitution works. The Founders believed that the Constitution, like any republican form of government, would work only for a moral and religious people. They framed and adopted the Constitution in that belief. John Adams warned that without morality and religion, the passions of the people “would break the strongest cords of our Constitution.” A glance at how some cords have fared with a …

A Constitutional Right To Police Protection And Classical Liberal Theory: Complement, Not Conflict, Laura Rae Dove

ConLawNOW

This article considers whether an obligation should be placed upon the State to enforce its own laws in situations where the State is in a unique position to protect particular citizens. The author argues that the current system, under which the State has virtually no obligation to enforce its own laws, affronts the classical liberal underpinnings on which the United States was founded.

The article examines the U.S. Supreme Court’s holdings in DeShaney v. Winnebago County Department of Social Services and in Town of Castle Rock v. Gonzales. These two holdings, the author argues, do not properly consider the …

Differing Cognitive Strategies Between Evidence-Based Medicine And Evidence-Based Practice, James P. Meza Md, Phd

Clinical Research in Practice: The Journal of Team Hippocrates

Clinical care requires both evidence-based medicine (abstract, not applied, knowledge) and evidence-based practice (derived from knowledge of a specific patient's concerns). Clinical Research in Practice encourages an apprenticeship model that embraces both.

Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts' Opinion Upholding The Individual Mandate, Wilson Huhn

ConLawNOW

This article examines Chief Justice Roberts’ opinion in National Federal of Independent Business v. Sebelius, a decision that upheld the constitutionality of key provisions in the Affordable Care Act. The individual mandate, the focus of this article and perhaps the most hotly contested provision in the Act, requires private citizens to purchase health insurance or face financial penalty for remaining uninsured. The individual mandate has had and will continue to have important ramifications both for the national economy and for constitutional interpretation in future cases.

First, the article addresses important repercussions of upholding the Act, including significant consequences for …

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill As Analyzed Under The First Amendment Of The United States Constitution, Jessica L. Knopp

ConLawNOW

This article examines the constitutionality of Ohio’s controversial House Bill 125 (“H.B. 125”), which includes new restrictions and requirements for abortion procedures performed in Ohio. The author argues that, while the new abortion measures conflict with the Supreme Court’s Fourteenth Amendment jurisprudence established in Roe v. Wade and in Planned Parenthood v. Casey, H.B. 125 also violates the Establishment Clause of the First Amendment by imputing religious beliefs about conception and the value of life onto all Ohioans.

The article first outlines the current legal framework for constitutionally acceptable and unacceptable abortion restrictions, including a discussion of informed consent …

Assessment Of Genetic Diversity And Hybridization For The Endangered Conasauga Logperch (Percina Jenkinsi), Gregory R. Moyer, Anna L. George, Patrick L. Rakes, J.R. Shute, Ashantye' S. Williams

Southeastern Fishes Council Proceedings

The Conasauga logperch, Percina jenkinsi is one of the rarest darters in North America afforded protection under the Endangered Species Act. Unfortunately, little is known about potential threats to the genetic diversity of this species, a narrow endemic. Loss of genetic diversity, spawning of closely related individuals, and hybridization with closely related congeners have been known to increase the rate of extinction for threatened or endangered taxa. We evaluated these risks by estimating and comparing levels of genetic diversity between P. jenkinsi and P. kathae (a closely related, morphologically similar, and more abundant congener) using twelve microsatellite loci. Specifically, we …

Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell

Journal of Intellectual Property Law

No abstract provided.

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Journal of Intellectual Property Law

No abstract provided.

Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans

Journal of Intellectual Property Law

No abstract provided.

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Journal of Intellectual Property Law

No abstract provided.