Digital Commons Network^™

Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks

Faculty Journal Articles and Book Chapters

This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.

Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2010.

Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.

American Indian Law Review

Law confirms but seldom determines the course of a society. Values and beliefs, instead, are the true polestars, incrementally implemented by the laws, customs, and policies. The Chiricahua Apache, a tribal society of hunters, gatherers, and raiders in the mountains and deserts of the Southwest, were squeezed between the growing populations and economies of the United States and Mexico. Raiding brought response, reprisal, and ultimately confinement at the loathsome San Carlos Reservation. Though most Chiricahua submitted to the beginnings of assimilation, a number of the hardiest and least malleable did not. Periodic breakouts, wild raids through New Mexico and Arizona, …

Sheets, Dolores Connelly, Jessica Spring, Springtide Press, Special Collections, Fleet Library

Artists' Books

4 leaves (folded into house shape). "Sheets is a cycle of haiku by Dolores Connelly, each poem capturing a moment within a season. These haiku are excerpted with permission of the author from A Twisted Balance, One-Line Haiku and a Few Senryu, an unpublished collection of one hundred haiku dedicated to people forced from their homelands or houses"--Colophon. Title and statement of responsibility from colophon printed on the inside bottom of the cardboard box. "The text and ornaments are handset and letterpress printed on handmade abaca [paper] and housed in boxes made with Paper Studio's recycled cardboard box paper .. …

U.S. Virtual School Trial Period And Course Completion Policy Study, Abigail Hawkins, Michael K. Barbour

Education Faculty Publications

Variation in policies virtual schools use to calculate course completion and retention rates impacts the comparability of these quality metrics. This study surveyed 159 U.S. virtual schools examining the variability in trial period and course completion policies--two policies that affect course completion rates. Of the 86 respondents, almost 70% had trial periods that varied from 1 day to 185 days. Course completion definitions varied from remaining in the course irrespective of the final grade to receiving an A- in the course. Such wide variation renders the completion and retention rate metrics useless. We recommend virtual schools adopt consistent measures for …

Comprehensive U.S. Higher Education Internationalization: Exploring Study Abroad As An Indicator, Candace Brzoska Matta

Master's Theses

Increasing undergraduate study abroad participation is a popular response embraced by both higher education institutions and the U.S. government to internationalize college campuses and to meet the demands of globalization. Yet the nature of the internationalization phenomenon in higher education is much more complex in spite of its ambiguous definition and lackluster theoretical indicators. The purpose of this study was to examine whether one indicator of internationalization, that of study abroad, had any predictive bearing on an institutions' level of comprehensive internationalization. Six institutions were examined--three that consistently held a high study abroad participation percentage or SAPP, and three that …

Messages Of Nationalism In Mexican And U.S. Textbooks: Implications For The National Identity Of Transnational Students, Danielle Lane Jerdee

Master's Theses

This study uses qualitative content analysis to compare fifth grade social studies textbooks in Mexico and the United States to provide insight on how messages of national identity change as students migrate between school systems. The following research questions will guide the analysis: Given that one of the roles of textbooks is to form a national consciousness through mythmaking, how do messages of national identity conveyed in Mexican and U.S. textbooks conflict? How are the topics of immigration and citizenship presented in each nation's textbooks? In what ways do differences in the accounts of history between Mexico and the United …

The Full Realization Of Our Rights: The Right To Health In State Constitutions, Cynthia Soohoo, Jordan Goldberg

Case Western Reserve Law Review

No abstract provided.

Costs Of Defending Against Rising Sea Levels And Flooding In Mid-Atlantic Metropolitan Coastal Areas: The Basic Issues, James V. Koch

Economics Faculty Publications

Rising ocean levels have resulted in increasingly severe flooding in numerous metropolitan coastal areas. What would it cost to minimize or eliminate such damage? Relatively little economic work has been done to provide an answer, at least partially because some authorities believe attempts to deal with flooding ultimately are futile. Further, discussions of funding always involve massive welfare transfers from the non-flooded to the flooded. The cost of erecting a single mile of new sea wall exceeds $35 million in 2009 dollars and annual maintenance costs range between 5 and 10 percent.

Operation And Application Of A Regional High-Frequency Radar Network In The Mid-Atlantic Bight, Hugh Roarty, Scott Glenn, Josh Kohut, Donglai Gong, Ethan Handel, Erick Rivera, Teresa Garner, Larry Atkinson, Wendell Brown, Chris Jakubiak, Mike Muglia, Sara Haines, Harvey Seim

CCPO Publications

The Mid-Atlantic Regional Coastal Ocean Observing System (MARCOOS) High- Frequency Radar Network, which comprises 13 long-range sites, 2 medium-range sites, and 12 standard-range sites, is operated as part of the Integrated Ocean Observing System. This regional implementation of the network has been operational for 2 years and has matured to the point where the radars provide consistent coverage from Cape Cod to Cape Hatteras. A concerted effort was made in the MARCOOS project to increase the resiliency of the radar stations from the elements, power issues, and other issues that can disable the hardware of the system. The quality control …

Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler

Marquette Intellectual Property Law Review

With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement …

[Introduction To] America On The Eve Of The Civil War, Edward L. Ayers, Carolyn R. Martin

Bookshelf

The scholarship and public history the sixteen historians had created over their careers made this plan seem at least feasible. Their collective body of work embraces everything from politics to literature, from industrial slavery to African American art, from women's reform efforts to racial ideologies, from military history to the history of memory. Some of them worked at museums and libraries while others taught at universities and colleges across the nations. They belonged to no particular school of interpretation, and quite a few had never met one another.

The historians, whatever their backgrounds, shared a sense of responsibility for opening …

Assessment Practices In Startalk Language Programs: A View Of Current Language Assessment Literacy, Margaret E. Malone, Megan J. Montee, Francesca Disilvio

Russian Language Journal

Assessment is essential to education, because it provides information on students’ progress toward learning goals. Reliable and valid assessment can provide not only important summative information, but also formative information to instructors and learners on both what has been learned and what remains to be learned. However, in order for assessment to be used effectively, instructors must understand the components of a reliable and valid assessment system and how to incorporate such a system into classroom testing. Many language instructors in the United States may lack basic knowledge of assessment and measurement (Popham, 2009).

A Survey Of Professional Operatic Entertainment In Little Rock, Arkansas: 1870-1900, Jenna M. Tucker

LSU Doctoral Dissertations

The late nineteenth century was a time of great political, economic, and social change in the state of Arkansas. The population of Little Rock, the state capital, nearly tripled in the last thirty years of the century. As more people settled in Little Rock, the demand for entertainment grew. Poor transportation was an initial obstacle; but as railroads gradually linked Little Rock to larger cities, traveling professional theatrical troupes began to include Little Rock on their itineraries. The purpose of this project is to document the history of professional operatic entertainment in Little Rock, Arkansas, from 1870—when the first professional …

Academic Persistence Factors For Students Who Delay College Entry, Kirsten Tripodi

Seton Hall University Dissertations and Theses (ETDs)

Many more students begin college than complete their degrees. Retaining students to graduation has been the objective of many research studies; however, college students are changing. Changing demographics in the United States are creating changes in the college student population that could not have been foreseen years ago. In order inform policy in a changing climate, the research community must study the changes in the student body and what factors are important to the persistence of the new college student. This study will use Adelman's framework from The Toolbox Studies in conjunction with the Beginning Postsecondary Survey in order to …

Woman's Work: Female Lighthouse Keepers In The Early Republic, 1820–1859, Virginia Neal Thomas

History Theses & Dissertations

During the Early Republic between 1820 and 1859, women, on average, comprised about five percent of the principal lighthouse keepers in the United States. These women represent a unique exception to the experience of the majority of working women during the Early Republic. They received equal pay to men, and some supervised lower-paid male assistants. They filled these predominately male positions because lighthouse work had much in common with stereotypical woman's work, they were most often related to the previous keeper, and they fit within cultural ideals of gender roles. Inquiry beyond the romantic image crafted for these light keepers …

Unbound By Law: Association And Autonomy In The Early American Republic, Kevin Butterfield

All Theses and Dissertations (ETDs)

This dissertation examines how the concept of voluntary membership evolved between the 1780s and the 1830s, a period in which men and women created thousands of groups seeking everything from fraternity to profit to social reform. Before observers foreign and domestic would begin to identify the voluntary association as a defining characteristic of post-Revolutionary American culture, Americans who organized and joined such groups had struggled for decades to determine what membership ought to look like, what rights and duties the act of joining should entail. By the time Alexis de Tocqueville famously noted in 1831 that Americans were "forever forming …

Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

117 p. : ill. (some color), color maps ; 29 cm

Infusing Culture Into Practice: Developing And Implementing Evidence-Based Mental Health Services For African American Foster Youth, Harold E. Briggs, Bowen Mcbeath

School of Social Work Faculty Publications and Presentations

The lack of culturally appropriate health and mental health care has contributed to the large number of African American youth and families involved in the child welfare system. This article reviews the consequences of the insufficient access to culturally sensitive, evidence-supported interventions for African American foster youth. The authors describe a framework for the development of culturally appropriate mental health interventions responsive to the needs of African Americans.

Clear Statement Rules And Executive War Powers, Curtis A. Bradley

Faculty Scholarship

This article is based on a presentation at the Annual Federalist Society National Student Symposium on Law and Public Policy that explored the theme of separation of powers in American constitutionalism.

The scope of the President’s independent war powers is notoriously unclear, and courts are understandably reluctant to issue constitutional rulings that might deprive the federal government as a whole of the flexibility needed to respond to crises. As a result, courts often look for signs that Congress has either supported or opposed the President’s actions and rest their decisions on statutory grounds. There have been both liberal and conservative …

Foreign Sovereign Immunity, Individual Officials, And Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

For thirty years, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the entire enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are …

Discovery From Non-Parties (Third-Party Discovery) In International Arbitration, Charles O. Verrill Jr.

Faculty Scholarship

International arbitration rules and many arbitration laws usually provide procedures that permit tribunals to order parties to disclose documents and other materials to the other parties.1 More complex are the rules that determine opportunities to obtain discovery from persons that are not party to the arbitration (third-party discovery). This article will review third-party discovery under the Federal Arbitration Act (FAA) and the provisions of the US Code s.1782 that authorise US courts to act in aid of actions before foreign tribunals. Section 1782 has unique interest at this time because it figured prominently in the EU antitrust investigation of Intel …

Collective Action Federalism: A General Theory Of Article I, Section 8, Neil S. Siegel, Robert D. Cooter

Faculty Scholarship

The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus authorized Congress to promote the “general Welfare” of the United States by tackling many collective action problems that the states could not solve on their own.

Subsequent interpretations of Section …

State Action And Corporate Human Rights Liability, Curtis A. Bradley

Faculty Scholarship

This essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute. It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed under the domestic civil rights statute, 42 U.S.C. § 1983. It also argues that, even if it were appropriate to borrow in this manner from the Section 1983 cases, such borrowing would not support the allowance of aiding and abetting liability against corporations, and that this liability is also problematic on a number of other grounds.

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

On The Constitutionality Of Health Care Reform, Barak D. Richman

Faculty Scholarship

This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.

Find Your Voice : Take A Stand, Jurene Wallery

Undergraduate Theses and Senior Projects

No abstract provided.

The Law And Politics Of Us Participation In The Un Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord, Penelope J.S. Stein

Articles

No abstract provided.

“I’Ll Fly Away”: The Music And Career Of Albert E. Brumley, Kevin Donald Kehrberg

University of Kentucky Doctoral Dissertations

Albert E. Brumley (1905-1977) was the most influential American gospel song composer of the twentieth century, penning such “classics” within the genre as “Jesus, Hold My Hand,” “I’ll Meet You in the Morning,” “If We Never Meet Again,” “Turn Your Radio On,” and “Rank Strangers to Me.” His “I’ll Fly Away” has become the most recorded gospel song in American history with over one thousand recordings to date, and several of his works transcend cultural boundaries of style, genre, race, denomination, and doctrine. However, the racialized historiography of American gospel music has left Brumley—from America’s lesser-known white gospel traditions of …

Factors Of Change On Student-Athlete Academics, Amanda Kaler

Theses and Dissertations

No abstract provided.