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Retrogressive Anti-Gay Law In Uganda Has Ties To The Us, Lauren Carasik Jan 2014

Retrogressive Anti-Gay Law In Uganda Has Ties To The Us, Lauren Carasik

Media Presence

No abstract provided.


Taxation And Incentives In The Business Enterprise, David Gamage, Shruti Rana Jan 2014

Taxation And Incentives In The Business Enterprise, David Gamage, Shruti Rana

Faculty Scholarship

This book chapter discusses the tax perspective on business enterprise law with a comparative focus on the U.S. and Japan.


Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz Jan 2014

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne Jan 2014

Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne

Legal History Publications

The case of The Arrogante Barcelones involved a complicated story of facts, due in part to the cunningness of one of the main players, Joseph Almeida. Almeida’s maneuvers make sense when viewed through the lens of nineteenth century Baltimore, the War of 1812, and U.S. citizens’ involvement in South American privateering. At first glance, this case seems to hinge on issues regarding the validity of Almeida’s commission, the authority of the condemnation, and the sufficiency of the documentation produced to prove it. However, the United States Supreme Court ultimately avoids untangling those maritime issues and instead bases its opinion in …


On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius Jan 2014

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.


The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz Jan 2014

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig Jan 2014

An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig

Belmont Law Review

This Note analyzes the MDMA drug equivalency ratio under the current Guidelines and argues that the ratio is based on incomplete and inaccurate information. Part I of this Note provides an overview of the United States Sentencing Commission (“the Commission”) and the United States Sentencing Guidelines (“the Guidelines”). Part II discusses the rise of MDMA and the legislative response. It also summarizes the Commission’s findings regarding the social and physiological harms of MDMA that formed the basis for the Commission’s decision about the appropriate MDMA drug equivalency ratio. Part III examines the errors in the Commission’s empirical analysis of the …


Troubled Grounds: Florida’S Stand Your Ground Law And The Threat Of Covert Racism Against Blacks In The United States, Alexander Nicoleau Jan 2014

Troubled Grounds: Florida’S Stand Your Ground Law And The Threat Of Covert Racism Against Blacks In The United States, Alexander Nicoleau

Theses & ETDs

The United States has always had to grapple with its deep-seeded history of racial discrimination against Blacks since the start of the Antebellum era. While the U.S has progressively become more inclusive of Blacks thanks to periods of great reform like Reconstruction, and the Civil Rights Movement, laws that discriminate on the basis of race have transitioned from overt to covert. The Florida Stand Your Ground law has come under fire for being covertly racist against Blacks. The objective of this thesis is it to analyze the history of covert and overt racism in the U.S. and reveal whether or …


Redefining Free Speech: The First Amendment And The 1798 Sedition Act, Christopher Lay Jan 2014

Redefining Free Speech: The First Amendment And The 1798 Sedition Act, Christopher Lay

Theses & ETDs

The First Amendment of the United States Constitution guarantees freedom of the press. However, there is evidence that many of the founders did not actually understand “freedom of the press” as the right to criticize the government in print, and did not believe that the Constitution could protect a disobedient press. The right to embarrass the government was not fully understood as a formal civil right in the eighteenth century. It only became one through constitutional innovation. This thesis will analyze two interpretations of “freedom of the press” which emerged during the Sedition Act controversy of 1798-1800, and their origins …


Lost In Translation: Effects Of Language On Native Spanish Speakers’ Understanding Of The Miranda Rights Comprehension Instruments And A Spanish Translation Of The Miranda Rights Comprehension Instruments, Jonah Santiago Pagán Jan 2014

Lost In Translation: Effects Of Language On Native Spanish Speakers’ Understanding Of The Miranda Rights Comprehension Instruments And A Spanish Translation Of The Miranda Rights Comprehension Instruments, Jonah Santiago Pagán

Theses & ETDs

The Latino population faces numerous disparities in the United States criminal justice system as outlined in the first chapter of this thesis. One challenge of special detriment to the Spanish-speaking Latino/a is that of language barriers. Previous research has found numerous associations between Miranda rights comprehension and language barriers, among other factors. The current study explored the effects of language on a prototypical participant sample of native Spanish-speaking Latino/as experiencing different levels of the language barrier disparity in the U.S. judicial and carceral systems. Six participants were administered the Miranda Rights Comprehension Instruments (MRCI), a widely used and well regarded …


Economic Inequality And American Voter Participation: A Comprehensive Causal Model, James Tyer Jan 2014

Economic Inequality And American Voter Participation: A Comprehensive Causal Model, James Tyer

Theses & ETDs

This analysis attempts to create a causal model of the effect that economic inequality has on voter participation in the Unites States. Drawing from current relevant research, this model shows that economic inequality affects voting and other participatory propensities on multiple levels, and across various time frames, all of which produce independent effects. First, economic inequality produces disparities in income, and creates more poor individuals or poorer individuals, producing individual-level participatory declines, and an overall decline on aggregate. Second, economic inequality happens simultaneously with job restructuring, producing a structural reduction in participation from the change in the nature of the …


Model Legislation As A Tool For Policy Diffusion In The United States, Michael Long Jan 2014

Model Legislation As A Tool For Policy Diffusion In The United States, Michael Long

Theses & ETDs

Are the political actors that deploy model legislation a well understood mechanism of diffusion? Is model legislation itself a well understood mechanism of diffusion? This thesis intends to better understand the role of model legislation and the actors who deploy it, and begin integrating this mechanism into future research on state policy diffusion. Three case studies of model laws written by the American Legislative Exchange Council, Americans United for Life, and the Progressive States Network demonstrate that both model legislation and the political actors who deploy it play a significant role in the diffusion of state policies. This thesis effectively …


Exploring Anthropology’S Potential As A Catalyst For Reformation In American Pedagogy, Nicole A. Ouellette Jan 2014

Exploring Anthropology’S Potential As A Catalyst For Reformation In American Pedagogy, Nicole A. Ouellette

Theses & ETDs

In this thesis, I analyze the current state of public education in the United States. I argue that heritage and food are both successful vehicles for learning, and I question why no combination of this sort has been offered to American pedagogy. I explain how I created a series of lesson plans that use this “novel combination” with the intention of teaching fourth grade students in a Florida public school about heritage and preservation. I describe the difficulties that teachers and administration are facing with the adoption of the Common Core State Standards in bringing creativity into the classroom. I …


On The Time-Variations Of Okun’S Law And The Effect Of Labor’S Share, Gary Glenwood Baker Jan 2014

On The Time-Variations Of Okun’S Law And The Effect Of Labor’S Share, Gary Glenwood Baker

Theses & ETDs

In this thesis, I examine the stability in the post-war period of the gap version of the Okun relationship by estimating a time-varying parameter with a Kalman filter algorithm. I then propose labor’s share of income as a cointegrating series for our estimated time-series. Using post-war data for the United States, I find that the Okun coefficient has increased in absolute value significantly since 1980 and that much of the change can be explained by the fall in labor’s share of income during the same time period.


Students' Perspectives Of Ngo Service-Learning Experiences: A Case Study Of Operation Smile, Suzanne B. Unger, Shana Pribesh, Linda Bol, Daniel Dickerson Jan 2014

Students' Perspectives Of Ngo Service-Learning Experiences: A Case Study Of Operation Smile, Suzanne B. Unger, Shana Pribesh, Linda Bol, Daniel Dickerson

Educational Leadership & Workforce Development Faculty Publications

Past research demonstrated both strong and questionable benefits to students participating in domestic service-learning. However, we know little about high school and college students' perspectives of service-learning while working with nonprofit, non-governmental (NGO) agencies that serve international populations. This qualitative, exploratory study aims to determine how students perceive their lives are impacted as a result of their service-learning experiences at Operation Smile. Data were collected from two focus groups comprised of high school and university youth. Results indicated service-learning in an international setting positively influences areas of personal growth, career choice, and future philanthropic participation. It also affects level of …


Unpacking The Suitcase: The Real Last Chapter Of Alice Paul And Peg Edwards’S Activism, And Why These Stories Matter, Clark Edwards 14 Jan 2014

Unpacking The Suitcase: The Real Last Chapter Of Alice Paul And Peg Edwards’S Activism, And Why These Stories Matter, Clark Edwards 14

Honor Scholar Theses

I was fortunate enough to find a thesis topic within my own family. My paternal grandmother was guardian ad litem for Alice Paul in the later 1970s. Paul was instrumental in securing the passage of the 19th amendment, which gave women the right to vote, and author of the Equal Rights Amendment among other contributions for women’s rights. Fortunately my grandmother saved court records, letters, her notes, and more for her period of activism with Paul and as part of the Ridgefield Connecticut National Women’s Political Caucus. I knew nothing of my grandmother’s work until last year. My thesis seeks …


Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa Jan 2014

Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa

Michigan Business & Entrepreneurial Law Review

This Article is a comparative analysis of insider trading law in the United States and Chile. The study summarily reviews the historical, political, and legal foundations of insider trading regulation in both jurisdictions, identifying areas of convergence, as well as areas in which the Chilean securities market could benefit vis- ` a-vis the more advanced experience of the considerably larger American securities market. The Article also highlights the axiological closeness between both jurisdictions concerning the protection of inside corporate information and the fiduciary role of those who intervene in securities markets in their various capacities (as investors, shareholders, corporate officers, …


Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton Jan 2014

Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton

Faculty Scholarship

This commentary details the United States’ progress in advancing climate change law since President Barrack Obama’s re-election in 2012, in spite of congressional dysfunction and opposition. It describes how the Obama administration is building upon earlier regulatory efforts by using existing statutory authority to regulate greenhouse gas emissions from both new and existing power plants. It also explains the important role the judiciary has played in facilitating more robust executive actions, while at the same time courts have rejected citizen efforts to force judicial remedies for the problem of climate change. Finally, it suggests some reasons why climate change has …


Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl Jan 2014

Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl

Faculty Publications

A number of researchers have recently published new measures of the Supreme Court’s behavior in resolving conflicts in the lower courts. These new measures represent an improvement over prior, cruder approaches, but it turns out that measuring the Court’s resolutions of conflicts is surprisingly difficult. The aim of this methodological comment is to describe those difficulties and to establish several conclusions that follow from them. First, the new measures of the Court’s behavior are certainly imprecise and may reflect biased samples. Second, using the Supreme Court Database, which some studies rely on to assemble a dataset of cases resolving conflicts, …


Why Does Executive Greed Prevail In The United States And Canada But Not In Japan? The Pattern Of Low Ceo Pay And High Worker Welfare In Japanese Corporations, Alberto R. Salazar, John Raggiunti Jan 2014

Why Does Executive Greed Prevail In The United States And Canada But Not In Japan? The Pattern Of Low Ceo Pay And High Worker Welfare In Japanese Corporations, Alberto R. Salazar, John Raggiunti

Osgoode Legal Studies Research Paper Series

According to a list of the 200 most highly-paid chief executives at the largest U.S. public companies in 2013, Oracle’s Lawrence J. Ellison remained the best paid CEO and earned $96.2 million as total annual compensation last year. He has received $1.8 billion over the past 20 years. The lowest paid on the same list is General Motors’ D. F. Akerson who earned $11.1 million. The average national pay for a non-supervisory US worker was $51,200 last year and a CEO made 354 times more than an average worker in 2012. Hunter Harrison, Canadian Pacific Railway Ltd., was the best …


Usada The Unconquerable: The One-Side Nature Of The United States Anti-Doping Administration’S Arbitration Process, Brian A. Dziewa Jan 2014

Usada The Unconquerable: The One-Side Nature Of The United States Anti-Doping Administration’S Arbitration Process, Brian A. Dziewa

Saint Louis University Law Journal

No abstract provided.


Voices From D-Day, June 6, 1944, Musselman Library Jan 2014

Voices From D-Day, June 6, 1944, Musselman Library

Other Exhibits & Events

Seventy years on from D-Day, we still marvel at the stoic heroism of the men who contributed to the success of what remains the greatest amphibious invasion in the history of warfare. The Normandy campaign would, in one way or another, prove a pivotal moment in the ongoing world war. A disaster in the campaign to liberate France would set back Allied hopes for crushing Nazism in Western Europe. It would also fray the alliance with the Soviet Union that was essential to defeating Hitler’s forces. By contrast, success would mark not just the end of the beginning of the …


Plagiarism Of Ideas. Benjamin Rush And Charles Caldwell--A Student-Mentor Dispute, Charles T. Ambrose Jan 2014

Plagiarism Of Ideas. Benjamin Rush And Charles Caldwell--A Student-Mentor Dispute, Charles T. Ambrose

Microbiology, Immunology, and Molecular Genetics Faculty Publications

No abstract provided.


A Look Into The Latino Experience: The Process Of Identity Formation For Latinos In The United States, Angelica M. Ferreira Jan 2014

A Look Into The Latino Experience: The Process Of Identity Formation For Latinos In The United States, Angelica M. Ferreira

CMC Senior Theses

This paper examines the educational acculturation experience of Latinos in the United States (U.S.) and the processes of identity formation. Through the historical Latino experience in the early 20th century, we can see the remaining influences of historical inequality (e.g. exploitation of labor, de jure segregation) through negative perceptions of Latinos. Negative stereotypes and incorrect assumptions presented in society (e.g. media, educational system, and justice system) perpetuate inferiority in comparison to White Americans. In the context of a school environment, Latino children begin to realize they are different. When non-native English speakers enter the classroom, immediate differences in language, cultural …


State’S Rights, Last Rights, And Voting Rights, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2014

State’S Rights, Last Rights, And Voting Rights, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

There are two ways to read the Supreme Court’s decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …


One(?) Nation Overextended, Gary S. Lawson Jan 2014

One(?) Nation Overextended, Gary S. Lawson

Faculty Scholarship

The conventional wisdom prior to the founding was that republics needed to be small. The conventional wisdom today is that James Madison, and the example of the United States, proves this to be mistaken. But what if Madison was actually wrong and Montesquieu was right? In this article, I consider whether the United States has gotten too big for its Constitution, whether this massive size contributes to political dysfunction, and what might be done to remedy the problem if there is indeed a problem. I suggest that size can increase rather than decrease the dangers of faction because the increased …


American And Brazilian Children With Primary Urolithiasis: Similarities And Disparities., Maria Goretti Moreira Guimarães Penido, Marcelo De Sousa Tavares, Milena Maria Moreira Guimarães, Tarak Srivastava, Uri S. Alon Jan 2014

American And Brazilian Children With Primary Urolithiasis: Similarities And Disparities., Maria Goretti Moreira Guimarães Penido, Marcelo De Sousa Tavares, Milena Maria Moreira Guimarães, Tarak Srivastava, Uri S. Alon

Manuscripts, Articles, Book Chapters and Other Papers

Objectives. Considering the differences in location, socioeconomic background, and cultural background, the aim of this study was to try to identify possible factors associated with the increased incidence of urolithiasis by comparing American and Brazilian children with stones.
Methods. Data of 222 American and 190 Brazilian children with urolithiasis were reviewed including age, gender, body mass index, imaging technique used (ultrasound and computed tomography), and 24-hour urine volume and chemistries.
Results. There were no differences between age and gender at diagnosis. Brazilian children were leaner but in no population did obesity rate exceed that of the general population. Ultrasound was …


Liquidity Coverage Ratio: Liquidity Risk Measurement Standards, United States: Department Of The Treasury: Office Of The Comptroller Of The Currency (Occ), Federal Reserve System, Federal Deposit Insurance Corporation (Fdic) Jan 2014

Liquidity Coverage Ratio: Liquidity Risk Measurement Standards, United States: Department Of The Treasury: Office Of The Comptroller Of The Currency (Occ), Federal Reserve System, Federal Deposit Insurance Corporation (Fdic)

Documents

No abstract provided.


Eugene Meyer Papers : 1864-1970 - From Laissez Faire With William Graham Sumner To The Rfc, C.L. Craig, Paul Ledvina, David Mathisen Jan 2014

Eugene Meyer Papers : 1864-1970 - From Laissez Faire With William Graham Sumner To The Rfc, C.L. Craig, Paul Ledvina, David Mathisen

Documents

No abstract provided.


Federal Housing Finance Agency Strategic Plan, United States: Federal Housing Finance Agency (Fhfa) Jan 2014

Federal Housing Finance Agency Strategic Plan, United States: Federal Housing Finance Agency (Fhfa)

Documents

No abstract provided.