Digital Commons Network^™

The Icc And Non-Party States: Consistency And Consensus Revisited, Chimene I. Keitner

Faculty Scholarship

No abstract provided.

Consultants, The Environment, And The Law, Dave Owen

Faculty Scholarship

Conventional wisdom assumes that private-sector businesses will oppose, undermine, or distort government regulation. That assumption also underpins many areas of theoretical inquiry; theorists commonly assume that effective public-law regimes must be protected from the self-interested machinations of businesses, or that such protection is such a lost cause that most public regulation is doomed to fail. This Article investigates a different set of relationships between businesses and regulation. It does so by using the environmental consulting industry, which helps businesses and governments comply with environmental regulations, as a case study. An empirical inquiry into two subfields of the industry reveals that …

Asian Americans And Affirmative Action—Again, Frank Wu

Faculty Scholarship

No abstract provided.

Scattered: The Assimilation Of Sushi, The Internment Of Japanese Americans, And The Killing Of Vincent Chin, A Personal Essay, Frank Wu

Faculty Scholarship

In a personal Essay, Frank H. Wu discusses the acceptance of sushi in America as a means of analyzing the acceptance of Japanese Americans, before, during, and after World War II. The murder of Vincent Chin in Detroit in 1982 is used as a defining moment for Asian Americans, explaining the shared experiences of people perceived as "perpetual foreigners."

The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

Between Law And Diplomacy: The Conundrum Of Common Law Immunity, Chimene Keitner

Faculty Scholarship

Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that cannot has perplexed judges and jurists since the Founding Era. Although Congress provided a statutory framework for the jurisdictional immunities of foreign states in 1976, important ambiguities remain. Notably, in 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern suits against foreign officials unless the foreign state is the "real party in interest." This decision clarified, but did not fully resolve, conceptual and doctrinal questions surrounding the immunities of foreign officials whose conduct …

Whose Voices Count In Biodiversity Conservation? Ecological Democracy In Biodiversity Offsetting, Redd , And Rewilding, David Takacs

Faculty Scholarship

Ecological democracy seeks environmentally sustainable ends through broad, active democratic participation. What happens when laws fostering participation in environmental decision-making and biodiversity preservation lead to differing results? What is best for biodiversity may not be what for local citizens believe is best. I examine conflicts and congruencies in the context of Biodiversity Offsetting, REDD+ (Reducing Emissions from Deforestation and forest Degradation), and the Rewilding movement. I ask questions that are legal (Who has what legal rights to speak for or against programs that enhance biodiversity?), epistemological (Whose expertise and knowledge matters when scientists and non-scientists don’t agree?), axiological (Are some …

Legal And Policy Responses To Vaccine-Preventable Disease Outbreaks, Leila Barraza, Dorit R. Reiss, Patricia Freeman

Faculty Scholarship

No abstract provided.

A Common Law Perspective On The Supreme Court And Its Functions, Richard L. Marcus

Faculty Scholarship

The text presents different attributes of the Supreme Court in common law and civil law systems. The author claims that the question of design and function of a supreme court, while important, is no more significant than the issue of its institutional status and evolution, i.e. something one could refer to as “legal culture”. Neither the “common law camp”, nor the “civil law camp” turns out to be monolithic in this regard. The distinctive history of the US Supreme Court is presented through the perspective of its statutory and procedural supremacy, as well as its power of constitutional adjudication. The …

Health Equity, School Discipline And Restorative Justice, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

Faculty Scholarship

No abstract provided.

Evidence On Fire, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

Fire science, a field largely developed by lay “arson investigators,” police officers, or similar first responders untrained in chemistry and physics, has been historically dominated by unreliable methodology, demonstrably false conclusions, and concomitant miscarriages of justice. Fire investigators are neither subject to proficiency testing nor required to obtain more than a high school education. Perhaps surprisingly, courts have largely spared many of the now- debunked tenets of fire investigation any serious scientific scrutiny in criminal arson cases. This Article contrasts the courts’ ongoing lax admissibility of unreliable fire-science evidence in criminal cases with their strict exclusion of the same flimsy …

Opioid Multidistrict Litigation Secrecy, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

e third piece in a trilogy that examines and evaluates the standards that American co e proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of qualified forensic science experts. This Article takes …

Effects Of Academic Staff Competence And Internet Services On The Use Of Open Access Journals In Federal Universities In North Central Nigeria, Abubakar Aliyu Ango

Library Philosophy and Practice (e-journal)

The study was motivated to assess academic staff competence and Internet services affecting the use of open access journals in federal universities in North Central Nigeria. Survey research design was used for the study. The population of the study comprised of 5,365 lecturers in seven federal universities covering both conventional and specialized universities. Sample sizes of 359 lecturers were randomly selected for the study. A structured questionnaire was designed and used for the study. Out of the 359 copies of the questionnaire administered, 330 copies were returned and used for the study. Collected data were analysed using frequency counts, percentages, …

Unethical Publishing Behavior Of An Indian Predatory Journal: A Case Study, Kodanda Rama, Dr. Chandrashekhara M.

Library Philosophy and Practice (e-journal)

Abstract: the study was intended to know the unethical publishing behavior of one of the Indian predatory journals with a special reference to acceptance of plagiarized works for publication. It’s found in a study that editors do not conduct review for articles to assess the quality of publications and provide submitters with a no proper guidelines on plagiarism and reference styles as to improve the quality of research works. This will clearly indicates the greediness of making money of publishers from authors. Noticing these type unethical publishing behaviors of predatory journals researcher considers predatory journals are more …

Patron Behavioural Challenges: A Focus On Violence In Public Libraries Within Gweru, Zimbabwe, Mthokozisi Masumbika Ncube

Library Philosophy and Practice (e-journal)

In Zimbabwe, the constitution indicates the freedom of expression, at the same time noting the need for individuals to respective individual rights, including non-violent behaviours towards others in the process of one’s expression. In addition, different legislative acts have been instituted to prevent and alleviate violence within communities. For instance, public libraries are governed by the National Library Documentation Services that stipulates conduct of library staff members and patrons. Since several public libraries are managed by local authorities, there are also bylaws that indicate the kind of behaviour that individual stakeholders are supposed to conform to. In addition, libraries have …

Library Facilities And Services For Differently Abled Students In Universities Of Karnataka: A Study, Chandrakanth Hg Research Scholar, K Ramakrishna Reddy Research Guide

Library Philosophy and Practice (e-journal)

Purpose – In Karnataka, there are considerable number of differently abled persons, who are studying in various educational institutions. It has been observed that some of the educational institutions provided with suitable access facilities in Libraries to the disabled, but majority of them are devoid of this facility. In this article, an attempt has been made to study on the facilities being provided to the disabled users in some of the University Libraries of Karnataka. The facilities being provided are briefed under 3 major categories – (1) Access to resources, (2) Physical access to library building, and (3) Services and …

Scientometric Analysis And Literature Research Growth Of Lupus During 2010-2017, Mohamed Idhris, Manuelraj Peter, Abdurahiman Pattukuthu, Spurgeon Anandraj Samuel

Library Philosophy and Practice (e-journal)

Abstract:

The paper analyses the growth pattern of Lupus disease literature during 2010-2017. The data downloaded from web of science database, further interpreted and analyzed for the study purpose. Total number of publications has been identified as 38750 records. The distribution of publications based on the year of production, country wise productivity, document type of the publications, Major subject categories, Authors whose contribution is in the maximum level were studied. The study reveals a progressive increase on LUPUS research during 2010-2017. The year 2016 contributed highest number of publications. United States is the top contributor during 2010-2017. PETRI M is …

Motivational Factors And Job Performance Of Librarians In Federal University Libraries In North-East Nigeria, Chinyere Nkechi Ikonne, Oluwafemi Joseph Fajonyomi

Library Philosophy and Practice (e-journal)

Librarians’ performance is getting tasks and duties assigned completed at the expected time, through an effective and efficient manner. Librarians’ performance seems to be low in the libraries located in North-East Nigeria where they work. Motivational factors stimulate individuals to put in their best to see to the completion of an assigned duty/task. Literature has not being fully established on how motivational factors influence job performance of librarians in North-East Nigeria Federal University libraries. It is on this premise that this study aimed to find out the influence of motivational factors on job performance of librarians in Federal University libraries …

“Satisfaction Of Users With The Services Of Allama Iqbal Library”, Javaid Wani, Irfan Shafi, Hilal Ahmad Sheikh

Library Philosophy and Practice (e-journal)

Abstract

The main purpose of the study was to evaluate various services of Allama Iqbal Library in terms of awareness of library users regarding different services, expectations and perceptions on different services. Further to know about the usage of services of the library. These services were Circulation Service Awareness, CAS Awareness, Xerox Facility Awareness, Reading Room Service Awareness, Interlibrary Loan Service Awareness, OPAC Service Awareness, Internet Service Awareness, and EZ-Proxy Service Awareness. To achieve the objectives of the study survey method was opted to conduct the study. Moreover, the questionnaire was framed and used as a tool for data collection. …

Library Science Videos On You Tube: A Comparative Study, Medha Rajesh Mangurkar Mrs., Archana Ramkumar Kori Ms.

Library Philosophy and Practice (e-journal)

The aim of this paper is to make a comparative study of Library Science videos uploaded by IGNOU and E-PG Pathshala on You Tube. The data was collected by the researcher using observation technique. The findings show that the number of videos uploaded by e-PG Pathshala is four times more than videos uploaded by IGNOU. The language used in these videos is English. Maximum videos are of half an hour duration. Most of the videos of IGNOU are launched in 2008 whereas e-PG Pathshala has launched their videos in 2015. The researcher has identified some subjects on which not a …

The Use And Effect Of Smartphones In Students’ Learning Activities: Evidence From The University Of Ghana, Legon, Noah Darko-Adjei

Library Philosophy and Practice (e-journal)

The use of a smartphone is gradually becoming a compelling learning tool used to enhance teaching and learning in distance education. Its usage ensures flexible course delivery, makes it possible for learners to access online learning platforms, access course resources and interact digitally. The purpose of this study was to examine the use and effects of the smartphone as a learning tool in distance education at the University of Ghana. The study was based on the Technology Acceptance Model (TAM) and included 294 total respondents. The survey research design and questionnaires were employed for the study. The major objectives of …

Assessment Of Nursing Students’ Level Of Satisfaction With Library Services In Selected Universities In Edo State, Oluwatoyin O. Obinyan Mrs., Emmanuel O. Akande Mr

Library Philosophy and Practice (e-journal)

This study was necessitated by an attempt to find out the nursing students’ level of satisfaction with library services in selected universities in Edo State. Descriptive survey research design was adopted. The population of the study comprised all the 100 to 500 level Nursing undergraduates in selected universities. Accidental sampling techniques was used to draw a sample size of two hundred (200), one hundred and nine three (193) copies were retrieved and analyzed using simple percentage, mean and standard deviation. The findings revealed that majority of the respondents use library loan services (52.3%), user-education services (56.5%), electronic services (50.3%) and …

Mapping The Contribution In Research Productivity Of Colleges Of Applied Medical Sciences Affiliated With Universities Of Saudi Arabia Published In Pubmed Indexed Journals During The Period 2009 - 2018., Zameer Hussain Baladi, Dr. Mohammad Khalaf Al Mutairi, Dr. Nesrin Al Harthy, Dr. Farhan Alenazi, Ramy Fodh

Library Philosophy and Practice (e-journal)

Aim: The aim of this study is, to calculate the publications published in PubMed Indexed journals by authors participated as the first or as a participatory author associated with Colleges of Applied Medical Sciences, affiliated with universities of Saudi Arabia.

Methods: The data was retrieved and collected from the PubMed/Medline database to tabulate in Microsoft Excel 2010 year and subject wise, annual growth of publications, a pattern of authorship and frequency of journals from the period 2009 - 2018.

Results: This study showed that n=1652; 165.2 per annum and 75 articles per university were published during the …

Total Quality Management In Academic Perspective: An Overview, Sumaira Baba, Shabir Ahmed Ganie

Library Philosophy and Practice (e-journal)

Management is considered as the indispensable institution in the modern social organization marked by scientific thought and technological innovations. It (management) is essential in one or the other form, wherever human efforts are to be undertaken collectively to satisfy needs through some productive activity, occupation or profession. Even, without the leadership provided by management, the resources of production remain resources and never become production. Although Total Quality Management (TQM) was initially applied as a management philosophy in the industrialized sector. But due to its success, this idea increasingly being applied in the service sector, including libraries. In order to be …

A Bibliometric Analysis Of Journal Of Higher Education Management (Jhem) From 2007 To 2016, Seno Essien Antia-Obong, Biddy Casselden, Alison Pickard

Library Philosophy and Practice (e-journal)

Although several bibliometric journal studies on education have been carried out, surprisingly, no bibliometric study has been carried out on the Journal of Higher Education Management (JHEM), being the foremost journal for university administrators. This study is therefore an attempt to fill this gap in the context of bibliometric analysis of single journals. The purpose of this bibliometric study was to examine the publication characteristics and developments of JHEM over an eight (8) year period from 2007 to 2016. The following bibliometric measures were analysed in this study: (a) productivity of articles, (b) productivity of authors, (c) degree of author …

Health Information Literacy In Everyday Life: A Study Of Pregnant Women’S In Ekiti State, Nigeria., Mayowa Akomolafe, Rosaline Oluremi Opeke Phd

Library Philosophy and Practice (e-journal)

Pregnancy is a sensitive period in a woman’s life that exposes her and her unborn child to lot of risks which may affect her health. These risks are as a result of altered physiological function of the body that affects the biochemistry and anatomy of the woman’s body, which eventually affects their Quality of Life. Pregnant women need health information literacy to search for health information to manage their health to compliment the ones provided during antenatal. Information needs of pregnant women are not often met during antenatal clinic. Studies have shown inadequate communication by health care professionals during antenatal …

Demographic Factors As Correlate Of Use Of Library Information Resources By Undergraduates In Nigeria, Omorodion Okuonghae Mr., Chinonso Gerald Osedumme

Library Philosophy and Practice (e-journal)

The study examined demographic factors as correlate of use of library information resources by undergraduates in Nigeria. One hypothesis was tested for the study and the descriptive research design was adopted for the study. The population of the study is 24,545 and 4284 undergraduate students in Delta State university, Abraka and Novena university, Ogume. The multistage sampling technique was used and a sample size of 367 (10%) was adopted. The instrument for data collection was a structured questionnaire. The study revealed that among all the demographic factors that were considered (gender, age, level, income, marital status, residence and religion) only …

Climate Change Research Literature In India: A Scientometric Analysis During 1991 – 2018, Alex P, Kishore Kumar S

Library Philosophy and Practice (e-journal)

Climate change research was assessed in India by Scientometric analysis between the period 1991to 2018. Data were downloaded from the Web of Science (Science Citation Index). The twenty-eight years of study from 1991 to 2018 were used to study the increase in research on climate change. The search string used to search the database was "Climate Change” Search string used in the "Subject" field and the period 1991-2018 were limited and the country of India was refined to download climate change records. A total of 5360 records were identified and downloaded. The records were analyzed to study the year-wise distribution, …

Countering The Impact Of Ict Advancement In Nigeria, Alicea Peyton

Library Philosophy and Practice (e-journal)

No abstract provided.