Digital Commons Network^™

"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker

Indiana Journal of Global Legal Studies

This Article, based on ethnographic fieldwork with an undocumented, youth-led immigrant rights organization, explores undocumented youth activism in the United States in relation to global anti-deportation movements. The strategies that undocumented youth utilize in their fight for the DREAM Act, a bill that creates provisions for certain undocumented youth to legalize their status, are compared with examples of anti-deportation activism outside the United States. In comparing the DREAM Act movement with anti-deportation movements globally, three points of commonality emerge: (1) leadership of undocumented immigrants; (2) visibility; and (3) measures of "deservingness." This Article argues that comparing examples of immigrant activism …

Facilitating Appropriate Whistleblowing: Examining Various Approaches To What Constitutes Fact To Trigger Protection Under Article 33 Of The United Nations Convention Against Corruption, Kristian Soltes

American University International Law Review

No abstract provided.

The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade

University of Baltimore Journal of International Law

Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded. Due these …

Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand

Indiana Journal of Global Legal Studies

This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.

Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich

West Virginia Law Review

No abstract provided.

You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones

West Virginia Law Review

No abstract provided.

Newspapers Coverage Of Spain And The United States: A Comparative Analysis, Antonio V. Menéndez Alarcón

Scholarship and Professional Work - LAS

This article assesses the content of foreign news coverage in the United States and Spain. It draws on content analysis of two US and two Spanish newspapers over a 28-month period, during 2005-2007 and in 2009. The results show that the content of these newspapers tends to be more negative when covering politics. However, there was a major change in the type of coverage in the Spanish newspapers from the period 2005-2007 to 2009. Coverage of US politics in 2009 was much more positive than in the previous period studied. These findings suggest that newspapers contribute to an overall unfavorable …

Do Air-Filled Caves Cause High-Resistivity Anomalies? Do Air-Filled Caves Cause High-Resistivity Anomalies? A Six-Case Study From The Edwards Aquifer Recharge Area, San Antonio, Tx, Mustafa Saribudak, Alf Hawkins, Kim Stoker

KIP Data Sets and Technical Reports

Of course they do! But it is rarely that caves are purely made of air-filled. A variety of sediments accumulates in caves and can be preserved more or less intact for long periods of time (Palmer, 2007). Presence of sand and gravel and clay deposits, mineralization, faults and fractures, perched water in caves are the rules rather than the exception. The purpose of the study is to show that air-filled cavities do not always cause high resistivity anomalies due to the complex subsurface conditions, and they are sometimes are not separable as a cave anomaly from the surrounding rocks. Open …

The History Of Inequality In Education, Amity L. Noltemeyer, Julie Mujic, Caven S. Mcloughlin

History Faculty Publications

The purpose of this chapter is to consider a sampling of the critical events that demonstrate this history of inequity, with the understanding that they have contributed to the current status of American schools. To this end, we will explore relevant events related to the education of individuals of different racial, gender, language, and disability backgrounds. We do not intend to provide an exhaustive overview of the history of American education, nor will we provide a detailed account of the history of equity in the broader society outside of the educational sector. Rather, we will provide a cursory glimpse at …

United States Ratification Of The Law Of The Sea Convention: Securing Our Navigational Future While Managing China's Blue Water Ambitions, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …

James Marion Sims, M.D., Ll.D., Jonathan Tavares, B.S., Charles J. Yeo, Md, Pinckney J. Maxwell, Iv, Md

Department of Surgery Gibbon Society Historical Profiles

Few physicians have been as celebrated and loathed as James Marion Sims, M.D., LL.D. Dr. Sims’ modest early life and education never could have predicted that he would one day be called the ‘‘Father of American Gynecology.’’1, 2 Lauded by contemporaries and early historians as ‘‘one of the most original and gifted of American surgeons,’’ he performed the first successful operation to correct vesicovaginal fistulas (a condition that prior to 1852 was known as the ‘‘stumbling-block of gynecology’’).1 Today, the same work that earned Dr. Sims fame, fortune, and innumerable honors has been called into question, because of the unethical …

Manifestations Of Rheumatoid Arthritis: Epidural Pannus And Atlantoaxial Subluxation Resulting In Basilar Invagination., Adam L Schreiber, Do, Ma

Department of Rehabilitation Medicine Faculty Papers

Presented in part at the AAPMR 71st Annual Assembly Meeting, Seattle, WA, November 4-7, 2010.

Atlantoaxial instability results from cartilaginous destruction, periarticular erosions, and ligament and tendon attenuation. Instability affects 19%-70% of patients, and basilar invagination from vertical odontoid subluxation through the foramen magnum occurs in 38% of patients. This phenomenon occurs twice as often in women than men, whose age at diagnosis typically ranges from 30-50 years. Along with bony compression, the pannus further decreases the space available for the cord by 3mmor more in approximately 66% of patients (Figures 1-7). The earliest and most common symptom of cervical …

A Retrospective Analysis Of Sustainability: Chcs That Were Part Of A Consortia When Federal Funding Ended, Latonya B. Dunlow

MUSC Theses and Dissertations

Community health centers (CHCs) serve an important role in addressing gaps in access to care experienced by millions of Americans. There have been programs in the past developed to provide funding support to increase access to care. However, when funding ends some grantees are faced with program sustainability challenges. This study sought to identify factors and advice for sustainability of programs and services once funding ends. The findings of this study are consistent with the literature; however there were two qualities of leadership important to sustainability that were not as pronounced in the literature that were found in this study-perseverance …

Symptom Intrusiveness, Chronic Conditions And Health-Related Quality Of Life: Development Of Conceptual And Measurement Models, Jill Marie Monfre

MUSC Theses and Dissertations

Background: The number of patients in the United States living with chronic conditions is increasing as patients are surviving conditions that were previously fatal. This increase in survival has resulted in a shift in the disease burden in the United States from infectious to chronic diseases. Many patients with chronic conditions experience associated symptoms that impact their health-related quality of life more significantly than those without associated symptoms. To enable patients to achieve what they determine to be an acceptable state of wellbeing, health care providers must first be aware of the factors and the relationships among the factors that …

International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson

American University International Law Review

No abstract provided.

Standing Behind Beastly Emissions: The U.S. Subsidization Of Animal Agriculture Violates The United Nations Framework Convention On Climate Change, Lisa Winebarger

American University International Law Review

No abstract provided.

Shifting Alliances And Fairweather Friends: Luso-American Relations, 1941--1951, Paula Celeste Gomes Noversa. Rioux

Doctoral Dissertations

This dissertation analyzes the diplomatic relations between Portugal and the United States from 1941 to 1951, a decade that resulted in a tremendous and permanent shift in Luso-American relations. It examines the wartime and postwar goals of both Portugal and the United States. It reveals how these two nations overcame their differences during the war and worked towards mutually beneficial ends after the war. Moreover this dissertation asserts that Antonio Salazar, Portugal's Prime Minister, permanently altered Portuguese-American relations and managed to supplant the assurances found in the flagging AngloPortuguese alliance with a series of American initiatives--the European Recovery Program, the …

American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy

Faculty Scholarship

There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …

“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf

Faculty Scholarship

In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA's exaction for being uninsured qualifies as a …

The Emperor Has No Clothes: Confronting The Dc Circuit’S Usurpation Of Sec Rulemaking Authority, James D. Cox, Benjamin J.C. Baucom

Faculty Scholarship

In The Emperor Has No Clothes: Confronting the D.C. Circuit’s Usurpation of SEC Rulemaking Authority, Professor James D. Cox of Duke University School of Law & Benjamin J.C. Baucom, recent law clerk to Justice Don R. Willett of the Supreme Court of Texas, argue “that the level of review invoked by the D.C. Circuit in Business Roundtable and its earlier decisions is dramatically inconsistent with the standard enacted by Congress.” They conclude “that the D.C. Circuit has assumed for itself a role opposed to the one Congress prescribed for courts reviewing SEC rules.”

A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley

Faculty Scholarship

In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. This document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions, and the opinion was discussed by both sides in the oral argument before the Supreme Court in the first hearing in the pending ATS …

A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman

Faculty Scholarship

This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …

Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady

Villanova Law Review (1956 - )

The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.

Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States, Alexandra Mackey

American University Business Law Review

No abstract provided.

‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula

Societies Without Borders

This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework …

Higher Education, Corruption, And Reform, Vincent R. Johnson

Faculty Articles

Educational corruption is a problem in every country, particular at the college and university level. With illustrations drawn from the United States, this article considers what “basic principles” should shape efforts to deter, expose, and penalize corruption in academic institutions. The article then identifies “best practices” that should be followed by colleges and universities aspiring to high standards. The discussion explores the role that ethics codes and ethics education can play in fighting corruption. More specifically, the article addresses what types of substantive rules and systematic procedures are essential parts of effective higher education ethics codes. Mindful of the fact …

Leaving The Fda Behind: Pharmaceutical Outsourcing And Drug Safety, Chenglin Liu

Faculty Articles

During the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (“FDA”) reactive measures, the American regulatory framework for drug safety remains largely unchanged. Currently, about 80% of active pharmaceutical ingredients, 40% of finished drugs, and 50% of all medical devices used in the United States are imported from over 100 countries. With the growth of product outsourcing, pharmaceutical companies in the United States have stopped manufacturing many essential medicines. Nevertheless, the FDA’s foreign inspections have lagged. It would take …

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey

West Virginia Law Review

No abstract provided.