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Articles 90391 - 90420 of 90543
Full-Text Articles in Entire DC Network
Beyond Bias In Diversity Jurisdiction, Scott Dodson
Beyond Bias In Diversity Jurisdiction, Scott Dodson
Faculty Scholarship
The long-running debate over the propriety and proper scope of diversity jurisdiction as always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify diversity jurisdiction, while opponents argue that it does not. This Article argues that both sides have it wrong. Supporters are wrong that out-of-state bias and its perception are sufficient to justify diversity jurisdiction today. Yet opponents are wrong that the lack of bias supports the abolition or extreme restriction of diversity jurisdiction. The problem …
The Sound And Fury Of Patent Activity, Robin C. Feldman, Mark A. Lemley
The Sound And Fury Of Patent Activity, Robin C. Feldman, Mark A. Lemley
Faculty Scholarship
No abstract provided.
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimene I. Keitner
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
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
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
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
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
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
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
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
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
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
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
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 …
Value Of Dedicated Research Time For Imgs In Obtaining Surgical Residency Training Positions: A 10-Year Review Of Applicants From A Medical College In Pakistan, Mohammad Raheel Jajja, Marvi Tariq, Salila Shoaib Hashmi, Thomas F. Dodson, Rashida Ahmed
Value Of Dedicated Research Time For Imgs In Obtaining Surgical Residency Training Positions: A 10-Year Review Of Applicants From A Medical College In Pakistan, Mohammad Raheel Jajja, Marvi Tariq, Salila Shoaib Hashmi, Thomas F. Dodson, Rashida Ahmed
Department of Pathology and Laboratory Medicine
Objective: International Medical Graduates (IMGs) secured greater than 10% of all general surgery (GS) residency positions in the US during the past decade. The Match process remains competitive, with a significant number of IMGs performing dedicated research before residency application. The impact of such research remains largely unknown. We aimed to provide an objective analysis of the impact of dedicated research time on obtaining a categorical GS residency position.
Design: Data for National Resident Matching Program Match results from 2008-2017 was compiled from annual Match lists of the Aga Khan University, Medical College (Karachi, Pakistan). Medical graduates provided this information …
Blended Learning Mediated Fostering Of Students’ Engagement In An Undergraduate Medical Education Module, Lena Jafri, Hafsa Majid, Salman Siddiqi, Najmul Islam, Faraz Khurshid
Blended Learning Mediated Fostering Of Students’ Engagement In An Undergraduate Medical Education Module, Lena Jafri, Hafsa Majid, Salman Siddiqi, Najmul Islam, Faraz Khurshid
Department of Pathology and Laboratory Medicine
Introduction: The study investigated students’ perception of introducing blended learning strategies to engage and motivate them towards lecture halls and Problem Based Learning (PBL) sessions for improving the quality of the overall students’ learning experience.
Methods: A prospective study was conducted at the Aga Khan University Medical College involving a total of one hundred four (104) year II medical students for the Endocrine and Reproduction module in the academic year 2018. This module ran for six weeks. Modifications in teaching methods were made for this module introduced after approval from Endocrine & Reproduction module, year II and curriculum committees. Written …
Protocol For The Electroencephalography Guidance Of Anesthesia To Alleviate Geriatric Syndromes (Engages-Canada) Study: A Pragmatic, Randomized Clinical Trial, Alain Deschamps, Jordan Oberhaus, Angela Mickle, Arbi Ben Abdallah, Michael S Avidan, Et Al.
Protocol For The Electroencephalography Guidance Of Anesthesia To Alleviate Geriatric Syndromes (Engages-Canada) Study: A Pragmatic, Randomized Clinical Trial, Alain Deschamps, Jordan Oberhaus, Angela Mickle, Arbi Ben Abdallah, Michael S Avidan, Et Al.
2020-Current year OA Pubs
No abstract provided.
Auditing Standards Board (Asb) Meeting Highlights January 14-17, 2019 La Jolla, Ca, American Institute Of Certified Public Accountants. Auditing Standards Board
Auditing Standards Board (Asb) Meeting Highlights January 14-17, 2019 La Jolla, Ca, American Institute Of Certified Public Accountants. Auditing Standards Board
Association Sections, Divisions, Boards, Teams
No abstract provided.
John Wesley Kelchner, Founder Of The Temple Restoration Movement: A Freemason’S Attempt To Build A World Chain Of Solomon’S Temples For Global Peace, Kevin M. Burton
John Wesley Kelchner, Founder Of The Temple Restoration Movement: A Freemason’S Attempt To Build A World Chain Of Solomon’S Temples For Global Peace, Kevin M. Burton
Andrews University Seminary Studies (AUSS)
John Wesley Kelchner (1866–1942) was a visionary promoter, elocutionist, and entertainer in the late nineteenth and twentieth centuries. Freemasons regarded him as an authority on sacred space and a leading expert on the architecture and design of the tabernacle of Moses and King Solomon’s temple. An active promoter of American Orientalism, Kelchner began his career as a Seventh-day Adventist minister who spent tens of thousands of dollars to build an elaborate model of the wilderness tabernacle. He traveled throughout the United States of America, attracting thousands of spectators to local churches, art galleries, and World’s Fairs that featured his models, …
Arnold, Brian J. Justification In The Second Century. Waco, Tx: Baylor University Press, 2018. Xiv + 221 Pp. Softcover. Usd 39.95., Denis Fortin
Andrews University Seminary Studies (AUSS)
No abstract provided.
Berman, Joshua A. Inconsistency In The Torah: Ancient Literary Convention And The Limits Of Source Criticism. Oxford: Oxford University Press, 2017. Xi + 307 Pp. Hardcover. Usd 99.00., Felipe Alves Masotti Mr
Berman, Joshua A. Inconsistency In The Torah: Ancient Literary Convention And The Limits Of Source Criticism. Oxford: Oxford University Press, 2017. Xi + 307 Pp. Hardcover. Usd 99.00., Felipe Alves Masotti Mr
Andrews University Seminary Studies (AUSS)
No abstract provided.
Book Notices, Jonatas L. Ferreira
Book Notices, Jonatas L. Ferreira
Andrews University Seminary Studies (AUSS)
No abstract provided.
Law And Order In Ancient Athens [Review] / Lanni, Adriaan., Kenneth Bergland
Law And Order In Ancient Athens [Review] / Lanni, Adriaan., Kenneth Bergland
Andrews University Seminary Studies (AUSS)
Book Review
Biblical Hebrew Reference Grammar [Review] / Van Der Merwe, Christo H. J., Jacobus A. Naudé, And Jan H. Kroeze, Eds., Oliver Glanz
Biblical Hebrew Reference Grammar [Review] / Van Der Merwe, Christo H. J., Jacobus A. Naudé, And Jan H. Kroeze, Eds., Oliver Glanz
Andrews University Seminary Studies (AUSS)
Book Review
Stuhlmacher, Peter. Biblical Theology Of The New Testament. Translated By Daniel P. Bailey. Grand Rapids: Eerdmans, 2018. Xxxiv + 935. Hardcover. Usd 95.00., Igor Lorencin
Andrews University Seminary Studies (AUSS)
No abstract provided.
Schenk, Christine, Csj. Crispina And Her Sisters: Women And Authority In Early Christianity. Minneapolis: Fortress, 2017. Xx + 459 Pp. Softcover. Usd 29.00., Carina O. Prestes
Schenk, Christine, Csj. Crispina And Her Sisters: Women And Authority In Early Christianity. Minneapolis: Fortress, 2017. Xx + 459 Pp. Softcover. Usd 29.00., Carina O. Prestes
Andrews University Seminary Studies (AUSS)
No abstract provided.
Worldviews: Concepts Or Narratives? An Integrative Definition To Assess Their Controlling Effect In The Biblical And Atheistic Evolutionary Models, Flavio Prestes Iii
Worldviews: Concepts Or Narratives? An Integrative Definition To Assess Their Controlling Effect In The Biblical And Atheistic Evolutionary Models, Flavio Prestes Iii
Andrews University Seminary Studies (AUSS)
What are worldviews? What are their characteristics? How do they work? This article offers tentative responses to these questions through the integration of concepts and narratives. Using the biblical and the atheistic evolutionary narratives as case studies, it also seeks to show how worldviews have a significant, though not absolute, controlling effect on one’s perception of reality.
Being Biblical In A Pluralistic Age
Being Biblical In A Pluralistic Age
Andrews University Seminary Studies (AUSS)
One way to define a disciple is “a follower of someone’s words.” In a pluralistic age, there are many words beckoning would-be disciples to particular ways of life, all promising some kind of wellness. These word-ways are ingredients of worldviews, a program or map for orienting oneself in the world. Worldviews answer core questions about human existence, often in the form of a story. This essay argues that contemporary pluralism is the result of abandoning the Bible as our control story, a loss that is as much a failure of what Charles Taylor calls the social imaginary. If this diagnosis …