Digital Commons Network^™

Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss

Faculty Scholarship

This chapter discusses the separation of powers. The point about traditions, or shared social norms, is a central one for this chapter. At a time of growing pessimism about the fate of democracy worldwide, adherence to norms of political behaviour may have an importance transcending formal provisions for the allocation of governmental power. As such, this chapter first presents a brief account of ‘separation of powers’ under American presidentialism; then the contrasting system of Westminster parliamentarianism; third, the increasingly prevalent mixed regimes, often semi-presidential, that can be described as ‘constrained parliamentarism’; and, finally, international institutions. As the chapter shows, in …

Eroding "Checks" On Presidential Authority – Norms, The Civil Service, And The Courts, Peter L. Strauss

Faculty Scholarship

Susan Rose-Ackerman's "Executive Rulemaking and Democratic Legitimacy: 'Reform' in the United States and the United Kingdom's Route to Brexit" insightfully illuminates important differences between parliamentary and presidential systems of government in relation to executive bodies' production of the large volume of secondary legislation common, indeed inevitable, for both. Agreeing heartily with her conclusion that the weakness of parliamentary engagement with secondary legislation, and limited judicial review of its production, counsels greater provision for public participation and transparency of action at the agency level, there is little for me to add. Aware, too, as she remarks, that others have dealt more …

Death By Stereotype: Race, Ethnicity, And California’S Failure To Implement Furman’S Narrowing Requirement, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence, David C. Baldus, George W. Woodworth, Richard Newell

Faculty Scholarship

This Article examines the possible racial and ethnic implications of California’s expansive death penalty statute in light of the Eighth Amendment’s requirement that each state statute narrow the subclass of offenders on whom a death sentence may be imposed. The narrowing requirement derives from the holding in Furman v. Georgia over forty-five years ago, when the U.S. Supreme Court ruled that existing death penalty statutes violated the Eighth Amendment’s prohibition against cruel and unusual punishments. Citing statistics demonstrating arbitrary and capricious application of capital punishment, a majority of the Justices concluded that a death sentencing scheme is unconstitutional if it …

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …

Overcoming Impediments To Offshore Co2 Storage: Legal Issues In The U.S. And Canada, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered. The techniques developed for CCS can also be used to sequester carbon dioxide that has been removed from the atmosphere using direct air capture or other negative emission technologies. Past CCS …

Embedding Content Or Interring Copyright: Does The Internet Need The "Server Rule"?, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

The “server rule” holds that online displays or performances of copyrighted content accomplished through “in-line” or “framing” hyperlinks do not trigger the exclusive rights of public display or performance unless the linker also possesses a copy of the underlying work. As a result, the rule shields a vast array of online activities from claims of direct copyright infringement, effectively exempting those activities from the reach of the Copyright Act. While the server rule has enjoyed relatively consistent adherence since its adoption in 2007, some courts have recently suggested a departure from that precedent, noting the doctrinal and statutory inconsistencies underlying …

Authors And Machines, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

Machines, by providing the means of mass production of works of authorship, engendered copyright law. Throughout history, the emergence of new technologies tested the concept of authorship, and courts in response endeavored to clarify copyright’s foundational principles. Today, developments in computer science have created a new form of machine, the “artificially intelligent” (AI) system apparently endowed with “computational creativity.” AI systems introduce challenging variations on the perennial question of what makes one an “author” in copyright law: Is the creator of a generative program automatically the author of the works her process begets, even if she cannot anticipate the contents …

Preliminary Contributions Toward A Revision Of Greek Messor Forel,1890 (Hymenoptera: Formicidae), Sebastian Salata, Lech Borowiec

Turkish Journal of Zoology

Based on recently collected material and study on type specimens Messor carpathous Menozzi, 1936 n. stat. and Messor concolor Santschi, 1927 n. stat. are raised to species rank and redescribed. Messor creticus sp. nov. is described as a new endemic species to Crete. Revised data for members of the Messor structor complexes are given and updated checklist of Greek Messor taxa is provided.

New Location, Food Composition, And Parasitic Fauna Of The Invasive Fishpseudorasbora Parva (Temminck & Schlegel, 1846) (Cyprinidae) In Poland, Przemyslaw Czerniejewski, Agnieszka Rybczyk, Angelika Linowska, Ewa Sobecka

Turkish Journal of Zoology

Stone moroko (Pseudorasbora parva) is considered to be one of the most invasive fishes, dispersing rapidly all over Europe and also in the freshwaters of the Baltic Sea basin. A recent survey carried out in the catchment of the lower part of the Odra River (Poland) in 2015 and 2016 revealed a large new population of stone moroko, which had colonized the creek Wardynka. The sample of 518 fish caught was dominated by age groups 1+ (341 specimens) and 2+ (99 specimens); however, older fish were also present, which means that at the moment of analysis the species had been …

Pseudamnicola Sumbasensis Sp. Nov., A New Species From Turkey(Gastropoda: Truncatelloidea: Hydrobiidae), Mustafa Emre Gürlek

Turkish Journal of Zoology

New species Pseudamnicola sumbasensis sp. nov. is described from Osmaniye Province of Turkey. Material was collected in 2017 and compared with other Pseudamnicola spp. recorded in Turkey.

Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.

Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …

Anthrenus (Anthrenodes) Himalayensis Sp. Nov. From Western Himalayas, India (Coleoptera: Dermestidae: Megatominae), Ji̇ri̇ Hava, Aijaz Ahmad Wachkoo, Amir Maqbool

Turkish Journal of Zoology

Anthrenus (Anthrenodes) himalayensis sp. nov., a new dermestid species from Kashmir Himalayas, India is described, illustrated, and compared with similar species. The new species is closest to A. occultus Háva, 2006 and A. katrinkrauseae Háva, 2018 but differs by the structure of antennae, male genitalia, and scale pattern.

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Atrocity Prevention In The New Media Landscape, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …

A New Species Of The Genus Echinolaophonte Nicholls, 1941 (Copepoda, Harpacticoida, Laophontidae) From The Aegean Sea Coast Of Turkey, Seher Kuru, Serdar Sönmez, Suphan Karaytuğ

Turkish Journal of Zoology

During the ongoing partial taxonomic revision of the genus Echinolaophonte on the basis of populations previously collected from various shores of the Turkish coasts, a new species of Echinolaophonte was discovered and named Echinolaophonte mordoganensis sp. nov. The new species is morphologically most closely related to E. minuta and E. veniliae. The new species can easily be distinguished from its congeners by the combination of the following features: i) the shape of the rostrum, ii) having 2 ornamented setae instead of 1 on the syncoxa of the maxilliped, and iii) pattern difference in the P1?P4 setal formula in both male …

New Species And New Records Of Aphelinus Dalman (Hymenoptera: Chalcidoidea: Aphelinidae) From Lagodekhi Reserve (Sakartvelo - Georgia), With Diversity And Distribution Along An Elevational Gradient, George Japoshvili, Levan Mumladze

Turkish Journal of Zoology

The aim of the present study was to investigate species diversity and distribution of Aphelinus species in an elevational gradient in the Lagodekhi Reserve (Sakartvelo - Georgia) throughout a growing season. Two species of Aphelinus Dalman, 1820 (Hymenoptera: Aphelinidae), A. humilis Mercet and A. thomsoni Graham, are recorded for the first time from Georgia and the Caucasus and two species (A. lagodekhiensis sp. nov. and A. sugonjaevi sp. nov.) are described as new to science. To facilitate species identification we have developed a key to the females of all 24 species of Aphelinus currently known from the Middle East and …

Histological And Histochemical Study On The Mesonephric Kidney Of Pelophylax Bedriagae (Anura: Ranidae), Esra Akat

Turkish Journal of Zoology

The purpose of this study was to determine the histological structure of the kidney of Pelophylax bedriagae and the distribution of hyaluronic acid (HA) in the kidney tissue. The kidneys of P. bedriagae are long, brown, ribbon-like structures covered with connective tissue. Nephrons, the functional units of the kidney, consist of the renal corpuscle, proximal and distal tubules, collecting tubule, and collecting duct. The renal corpuscle is composed of the glomerulus and Bowman?s capsule. There is no structure similar to Henle?s loop, which is found in higher vertebrates. The visceral layer of Bowman?s capsule is composed of podocytes surrounding the …

A New Erigonine Genus From The Nepal Himalayas (Araneae, Linyphiidae), Andrei V. Tanasevitch

Turkish Journal of Zoology

A new genus, Parbatthorax gen. nov., with P. unicornis sp. nov. as type species, is described from the Nepal Himalayas. The genus is characterized by the highly modified palpal tibia and the paracymbium, as well as by the peculiar structure of the embolic division, which contains a convector.

A New Species Of Parasteatoda Archer, 1946 (Araneae, Theridiidae) From Wuling Mountain, China, Sufang Yang, Muhammad Irfan, Xianjin Peng

Turkish Journal of Zoology

Parasteatoda aequipeiformis sp. nov. (male and female) is described from Wuling Mountain, China. Distribution data, detailed morphological characteristics, and illustrations of body and genital organs are presented.

First Record Of The Genus Spilomyia (Diptera, Syrphidae) From The Oriental Region, Aijaz Ahmad Wachkoo, Jeroen Van Steenis, Zubair Ahmad Rather, Jayita Sengupta, Dhriti Banerjee

Turkish Journal of Zoology

Spilomyia manicata (Rondani, 1865) is reported as a new genus and species record from India and the Oriental region. A brief diagnosis, images, and comparison with allied species are provided to scientifically validate this new faunal record from the Indian subcontinent and to facilitate its prompt identification. The species shows rare distribution across its range, and various factors pose a threat to the existence of this large pollinator species. Therefore, the documentation of this species assumes significance for devising conservation strategies and sustainable management.

Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Description Of Pseudoameiropsis Suphankaraytugi Sp. Nov.(Copepoda: Harpacticoida: Ameiridae) With The First Report Of The Genus Pseudoameiropsis Pallares, 1982 Outside Of The South Atlantic Ocean, Serdar Sönmez

Turkish Journal of Zoology

A new species of the monotypic genus Pseudoameiropsis was found in samples collected from the eastern Mediterranean coast of Turkey. The new species can be separated from P. argentinus by the armature formula in the endopod of the second to fourth swimming legs (0, 1, 021; 0, 1, 121; 0, 1, 121 in P. argentinus, but 1, 1, 221; 1, 1, 221; 1, 1, 221 in the new species), and armature complement in the third exopodal segment of the fourth swimming leg (with eight setae/spines in the new species, but seven elements in P. argentinus). The general shape and armature …

Trophic Analysis And Parasitological Aspects Of Liolaemus Parvus (Iguania: Liolaemidae) In The Central Andes Of Argentina, Gabriel Natalio Castillo, Juan Carlos Acosta, Graciela Mirta Blanco

Turkish Journal of Zoology

The objective of this study was to describe temporal variations in the diet and parasitological aspects in Liolaemus parvus. In order to examine the diet, we determined the volume, numerousness, and frequency of occurrence for each prey item and calculated the relative importance index. We removed nematodes from the stomach and estimated parasitic indicators. Liolaemus parvus presents an active searching mode. It is a predominantly insectivorous species with low intake of plant material and a specialist in feeding on prey items of the family Formicidae, although it also feeds on other arthropods like coleopterans, hemipterans, and spiders. We found temporal …

Immigration Unilateralism And American Ethnonationalism, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …

Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …

Macrobiotus Noemiae Sp. Nov., A New Tardigrade Species(Macrobiotidae: Hufelandi Group) From Spain, Milena Roszkowska, Lukasz Kaczmarek

Turkish Journal of Zoology

A reexamination of the tardigrade collection from the Museo Nacional de Ciencias Naturales (MNCN) in Madrid was carried out. Specimens from the genera Milnesium, Macrobiotus, and Paramacrobiotus were verified in order to provide their correct identification and 15 taxa were identified. Moreover, a list of corrected species identifications from MNCN is provided. Fourteen specimens and 16 eggs, identified previously as Macrobiotus recens, were attributed to a species new for science. Macrobiotus noemiae sp. nov. is most similar to Mac. naskreckii and Mac. recens but it differs from them by details of egg morphology, mainly by the presence of thin flexible …

Investigation Of Zooplankton Fauna In Water Wells Of Yayladağı District (Hatay, Turkey), Ahmet Bozkurt, Mustafa Bozça

Turkish Journal of Zoology

In this study, water quality parameters and zooplankton fauna were investigated from 14 different water wells in Yayladağı District of Hatay Province. The study was conducted seasonally between October 2015 and July 2016. A total of 51 species were identified, including 30 species of rotifers, 9 species of cladocerans, and 12 species of copepods. The most abundant species, Keratella cochlearis, Bosmina longirostris, and Tropocyclops prasinus, were found in 11, 13, and 12 wells, respectively. However, species such as Cephalodella catellina, Cephalodella ventripes, Filinia longiseta, Lecane lunaris, L. pumila, Lophocharis salpina, Mytilina unguipes, Platyias quadricornis, Trichocerca tigris, Ceriodaphnia pulchella, Diaphanosoma birgei, …

Two New Species And A New Record Species Of The Genus Aeolothrips(Thysanoptera: Aeolothripidae) From Iran, Jalil Alavi, Kambiz Minaei

Turkish Journal of Zoology

Two new species of Aeolothrips from the northeast of Iran, A. jajarmi sp. nov. and A. oteri sp. nov., are described. One rare Asian species, A. intactus Pelikán 1963, is newly recorded from Iran. Diagnostic characters for each species as well as illustrations to distinguish them are provided.