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No. 17, Fort Loudoun In Tennessee, 1756-1760 History, Archaeology, Replication, Exhibits, And Interpretation, Carl Kuttruff, Tennessee. Department Of Environment & Conservation. Jan 2010

No. 17, Fort Loudoun In Tennessee, 1756-1760 History, Archaeology, Replication, Exhibits, And Interpretation, Carl Kuttruff, Tennessee. Department Of Environment & Conservation.

Archaeology – Research Series

No abstract provided.


The Political Assassination Of Edmund Randolph: George Washington's Presidential Affair Of Honor, John C. Kotruch Jan 2010

The Political Assassination Of Edmund Randolph: George Washington's Presidential Affair Of Honor, John C. Kotruch

Master's Theses and Capstones

On 19 August 1795 George Washington ambushed Secretary of State Edmund Randolph in an impromptu tribunal to face the allegation of treasonous corruption in the service of France with evidence covertly provided by Great Britain.

A synthesis of the biographies of Washington and Randolph, histories of Jay's Treaty, the Whiskey Rebellion, the Battle of Fallen Timbers, and the diplomatic correspondence between Great Britain and the United States during the early republic reveals the motivations behind a British plot to manipulate the composition of the United States' government by implicating Randolph. The study dispels the myth that the intercepted French diplomatic …


Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg Jan 2010

Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

Articles

Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …


The Functions Of Ethical Originalism, Richard A. Primus Jan 2010

The Functions Of Ethical Originalism, Richard A. Primus

Articles

Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a way of mapping what we might suspect are the Justices’ leanings about the merits of cases irrespective of originalist considerations. The same is true for law professors and other participants in constitutional discourse: people’s views of original constitutional meaning tend to align well with their (nonoriginalist) preferences for how present constitutional controversies should be resolved. To be sure, there are exceptions. Some people are better than others at suspending presentist considerations when examining historical materials, and some people are better than others at recognizing when …


The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz Jan 2010

The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz

Articles

Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the positive, doctrinal history of charitable immunity law. In this essay, in three parts, I critique Professor Epstein’s suggestion that a faulty set of interpretations in charitable immunity law led to our current reliance on tort for malpractice claims. First, I offer an alternative interpretation to Professor Epstein’s claim that one group of 19th and early 20th century cases demonstrates a misguided effort to protect donor wishes. Rather, I …


Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger Jan 2010

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …


Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently Jan 2010

Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently

Copyright, Fair Use, Scholarly Communication, etc.

Includes sixteen essays on the origins of copyright.

First paragraph:

What is Copyright History?

History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …


From The Mansion To The University: A History Of Armstrong Atlantic State University, 1935-2010, Janet D. Stone Jan 2010

From The Mansion To The University: A History Of Armstrong Atlantic State University, 1935-2010, Janet D. Stone

About Armstrong (Archived)

A scholarly history of the University by Janet Stone, emerita history faculty member. Stone’s chronological narrative elucidates Armstrong’s historical significance and milestones: founded in 1935 as a junior college of the City of Savannah, joined the University System of Georgia in 1959, desegregated in 1962 by Otis Johnson, and relocated to the Southside campus in 1966. Soon after the move, the transition to a four-year college and development of health professions degrees, among others. Stone unpacks the University System of Georgia’s court-ordered desegregation plans for Armstrong starting in the 1970s. Savannah was a special case, home to Savannah State University, …


Gender Role Stereotypes In Children's Literature : A Content Analysis Of Award Winning Children's Books, Mary A. Woinarowicz Jan 2010

Gender Role Stereotypes In Children's Literature : A Content Analysis Of Award Winning Children's Books, Mary A. Woinarowicz

Theses and Dissertations

No abstract provided.


"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen Jan 2010

"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen

Faculty Scholarship

References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.

But what does it really …


The Care Plan As An Indicator Of Change In Nursing Science Instruction: A Textbook-Based Analysis, Lindsay Bratton-Mullins Jan 2010

The Care Plan As An Indicator Of Change In Nursing Science Instruction: A Textbook-Based Analysis, Lindsay Bratton-Mullins

LSU Doctoral Dissertations

Sciences are critical in nursing education to aid the nurse in understanding health and disease processes. Accrediting bodies for nursing education have emphasized that educators teach in ways that encourage critical thinking and, therefore, produce safe-practicing, competent nurse graduates. Nursing care plans best reflect nursing education’s central goals. Because of its longevity of use and familiarity, in this study, the nursing care plan was used as a proxy for nursing science’s learning objectives. This research was a study of the nursing care plan as an indicator for change in nursing science education in the United States to determine if change …


The Death Of Suspicion, Fabio Arcila Jr. Jan 2010

The Death Of Suspicion, Fabio Arcila Jr.

Scholarly Works

This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …


Disciplines And Jurisdictions: An Historical Note, Peter Goodrich Jan 2010

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

Articles

No abstract provided.


Catholic Student Protest And Campus Change At Loyola University In New Orleans, 1964-1971, Robert Lorenz Dec 2009

Catholic Student Protest And Campus Change At Loyola University In New Orleans, 1964-1971, Robert Lorenz

LSU New Orleans Theses and Dissertations

This study analyzes the development of the student protest movement at Loyola University New Orleans from1964 to 1971. It focuses on student protests against racial discrimination and the Vietnam War, student agitation for greater freedom on campus, and battles that Loyola's faculty had with the university administration. This study argues that Loyola's student protesters were acting as Catholics against situations they believed were immoral and unjust. In this sense, they were ahead of the Jesuit clergy at Loyola, who took action only after student protest on those issues. Indeed, student protest filled a void of moral leadership that the Jesuit …


Spectrum, Volume 26, Issue 11, Sacred Heart University Dec 2009

Spectrum, Volume 26, Issue 11, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: The "Mirror" reflects controversial image -- Sacred Heart rolls out the red carpet -- Chapel inspires new winter traditions -- SHU celebrates the holiday season -- Cernera re-elected second time as president of IFCU -- Obama plans to send 30,000 troops to Afghanistan -- The key to surviving finals stress free -- Students abroad return with more than just souvenirs -- Farewell to our graduating seniors, a few last words -- Some SHU students won't be home for the holidays -- Holiday season provides temporary increase in available jobs -- SHU welcomes all faiths -- Be greener than …


The Pacifican December 3, 2009, University Of The Pacific Dec 2009

The Pacifican December 3, 2009, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.


The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …


A Columnist's View Of Capitol Square: Ohio Politics And Government, 1969-2005, Lee Leonard Nov 2009

A Columnist's View Of Capitol Square: Ohio Politics And Government, 1969-2005, Lee Leonard

University of Akron Press Publications

This carefully-selected collection brings together his columns about the major figures, seminal events, and legends from 1969 through 2005. Leonard, the man with no agenda but the truth, covers campaigns and national political conventions, including the famous Democratic primary battles between John Glenn and Howard Metzenbaum in the 1970s. Fully described is the era of the four-term Governor James A. Rhodes, who controlled the Ohio Republican Party for two decades. Among the cast of characters are colorful lobbyist, Tom Dudgeon, who described the legislative process as “The Dance of the Stomping Buzzards,” state Senator Oakley Collins, a southern Ohioan who …


Spectrum, Volume 26, Issue 9, Sacred Heart University Nov 2009

Spectrum, Volume 26, Issue 9, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: 'Nothing Lasts Forever' -- Mycoskie: A walk in someone elses shoes -- Junior Allegra DeVita to star in opera 'Alcina' -- Hopes for parking garage diminished -- So you think you can't dance? -- The GRE's: ruining lives, wasting time -- No meat, but wheat? Hardships of a vegan -- The price of high tuition -- Ryan-Matura who? -- He Said / She Said -- Rihanna speaks out about domestic abuse -- 'Boondock Saints' sequel satisfies ten years later -- Latino comedian spices up the late-night lineup -- DVR: Busy students' best friend or neglected technology? -- Duhamel's …


Spectrum, Volume 26, Issue 8, Sacred Heart University Nov 2009

Spectrum, Volume 26, Issue 8, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Homecoming reunites old friends and classmates -- 11 people killed and 29 injured at Fort Hood Military Base -- Students and faculty jailed and bailed -- New program aids teachers in Holocaust education -- Art gallery celebrates 20th anniversary -- Student senate looks to gain student attention -- Entrepreneur makes a difference worldwide -- Jail N' Bail: A great event for a great cause -- Jury duty: to postpone or not to postpone? -- Soo... how 'bout them Yankees in the World Series? -- Reality TV proves to be student's guilty pleasure -- He Said / She Said …


The Pacifican November 5, 2009, University Of The Pacific Nov 2009

The Pacifican November 5, 2009, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.


Historians And The Many Lyndon Johnsons: A Review Essay, Kent B. Germany Nov 2009

Historians And The Many Lyndon Johnsons: A Review Essay, Kent B. Germany

Faculty Publications

No abstract provided.


Spectrum, Volume 26, Issue 6, Sacred Heart University Oct 2009

Spectrum, Volume 26, Issue 6, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Students busted for underage drinking at Bravo -- Former Steelers Coach Cowher speaks -- Red light in front of Sacred Heart may hold up more than just traffic -- Stratford Cat Project Emergency Fundraiser -- Nursing students make effort to heal Jamaica -- Public Safety hosts Jail N' Bail to help Special Olympics -- Halloween: 5 reasons its the greatest holiday -- Women get 'strike fit' in order to strike back -- Advertising campaigns use 'sex sells' as marketing strategy -- 'Howwwwwl'oween: Not just for humans -- He Said / She Said -- 'Paranormal' movie gives suspense upon …


Spectrum, Volume 26, Issue 5, Sacred Heart University Oct 2009

Spectrum, Volume 26, Issue 5, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Spirit groups perform on red carpet in NYC -- Families gather together at SHU -- Ira Joe Fisher lecture 'joins the conversation' -- Lights, camera, action, T.A.P.? -- SHU terminates test scores for admission -- Steelers' former coach comes to Sacred Heart -- Obama awarded Nobel Peace Prize -- Pet peeves, Liz's skeeves -- October: think black, orange, and...pink? -- Students choice: Weighing in on professors and classes -- He Said / She Said -- 'Let the wild rumpus start' -- Late-night host admits to scandal -- Get Reel: Movie review of the week -- Jon and Kate's …


The Pacifican October 15, 2009, University Of The Pacific Oct 2009

The Pacifican October 15, 2009, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.


Spectrum, Volume 26, Issue 4, Sacred Heart University Oct 2009

Spectrum, Volume 26, Issue 4, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Rio takes the rings -- Greek life fall rush comes to a halt -- SHU students go nuts for Nutella fundraiser -- Exercising in groups may better mental health -- "Trust and Satisfaction with the National News Media" -- Yellow Ribbon Program gives back -- 'Pave paradise, put up a parking lot' -- Student says... Health care debate misguided and misinformed -- Secondlife.com: creepy tool or cool for school? -- GREs, graduate degrees, and additional fees: are they worth it? -- Stay away from the juice! SHU students frown upon steroid use -- He Said / She Said …


Christian Missions And Colonial Empires Reconsidered: A Black Evangelist In West Africa, 1766-1816, Edward E. Andrews Oct 2009

Christian Missions And Colonial Empires Reconsidered: A Black Evangelist In West Africa, 1766-1816, Edward E. Andrews

History & Classics Faculty Publications

The article presents an exploration into the work of the late 18th-century West African Anglican missionary Philip Quaque and the relationship between imperialism and religion during the colonial era. The author points out and criticizes the dominant historiographical trend of over-conflating White imperialism with Christian missions. Quaque's life and writings are examined, highlighting the lack of forced cultural conversion within his missionary activities. Discussion is also given regarding the complex identity dynamics within Quaque as a Christian and as an African.


Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler Oct 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler

All Faculty Scholarship

In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …


History 2009 Apr Self-Study & Documents, University Of New Mexico Oct 2009

History 2009 Apr Self-Study & Documents, University Of New Mexico

UNM Academic Program Review

UNM History APR self-study report, review team report, response to review report, and initial action plan for Fall 2009, fulfilling requirements of the Higher Learning Commission.


From Mueller To Miller: Determining Standards For Decisions Regarding Critically Ill Newborns, Tanaz Farzan Danialifar Sep 2009

From Mueller To Miller: Determining Standards For Decisions Regarding Critically Ill Newborns, Tanaz Farzan Danialifar

Yale Medicine Thesis Digital Library

FROM MUELLER TO MILLER: DETERMINING STANDARDS FOR DECISIONS REGARDING CRITICALLY ILL NEWBORNS. Tanaz Farzan Danialifar (Sponsored by Geoffrey Miller). Section of Neurology, Department of Pediatrics, Yale University, School of Medicine, New Haven, CT. The controversy surrounding selective nontreatment of critically ill newborns has been ongoing for over three decades. Since ancient times ill, premature, or deformed infants have been treated discriminatorily, and infanticide has been a historically acceptable practice. With medical, moral, and legal progress, infanticide has disappeared and been replaced with selective nontreatment. This raises new ethical concerns such as best interests, quality of life, wrongful life, and parental …