Digital Commons Network^™

Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson

Articles

In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …

A Comparison Of Healthcare Between Nicaragua And The United States And The Feasibility Of Naturopathic Medicine, Alyssa Neph

Honors Projects

No abstract provided.

Synthesis Of Climate Change Policy In Judicial, Executive, And Legislative Branches Of U.S. Government, Robert Brinkmann, Sandra J. Garren

School of Geosciences Faculty and Staff Publications

In recent years, the United States has struggled to develop a comprehensive policy for climate change and concomitant greenhouse gas emissions that addresses the current scientific thinking on the topic. The absence of any clear legislative or executive approach dominated national discussions and the court system was used to litigate a variety of issues associated with global warming. This paper synthesizes actions taken in the three branches of government prior to and immediately following the Obama election. In the Judicial branch, several branches of law have been used to force government and private parties to reduce greenhouse gas emissions. Based …

The Prehistory Of Fair Use, Matthew Sag

Faculty Articles

This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.

Specifically, Part II explores the foundation for the …

A Cautious Path Forward On Accountable Care Organizations, Barak D. Richman, Kevin A. Schulman

Faculty Scholarship

The wave of new Accountable Care Organizations (ACOs), spurred by financial incentives in the Affordable Care Act, could become the latest chapter in the steady accumulation of market power by hospitals, health care systems, and physician groups. The main purpose behind forming many ACOs may not be to achieve cost savings but instead to strengthen negotiating power over purchasers in the private sector. This would be an unfortunate sequel to the waves of mergers in the 1990s when health care entities sought to counter market pressure from managed care organizations. The possibility that ACOs might further concentrate health care markets …

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

Faculty Scholarship

In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …

Who’S Afraid Of The Federal Circuit?, Arti K. Rai

Faculty Scholarship

In this brief Essay, Professor Rai responds to Professor Jonathan Masur's Yale Law Journal article "Patent Inflation." Professor Masur's argument rests on the assumption that U.S. Patent and Trademark Office ("PTO") behavior is determined almost entirely by a desire to avoid reversal by the Federal Circuit. Although the PTO is certainly a weak agency over which the Federal Circuit has considerable power, Masur overestimates the extent to which high-level PTO administrators are concerned about Federal Circuit reversals and underestimates institutional influences that are likely to operate in a deflationary direction. The PTO is influenced not only by the Federal Circuit …

Keynote Address: A Regulatory Framework For Managing Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

This accessible analysis of systemic risk regulation was delivered as the keynote speech at an October 20, 2011 European Central Bank conference on regulation of financial services. Many regulatory responses, like the Dodd-Frank Act in the United States, consist largely of politically motivated reactions to the financial crisis, looking for villains (whether or not they exist). To be most effective, however, the regulation must be situated within a more analytical framework. In this speech, I attempt to build that framework, showing that preventive regulation is insufficient and that regulation also must be designed to limit the transmission of systemic risk …

The Case For Legal Regulation Of Physicians’ Off-Label Prescribing, Doriane Lambelet Coleman, Philip M. Rosoff

Faculty Scholarship

No abstract provided.

U.S.-Swiss Relations: Is The United States Fighting Terrorist Financing Operations In Switzerland To The Exten Of Its Power?, Kathryn M. Green

Honors Capstones

Switzerland has long been notorious for its acceptance of large, sometimes nefarious banking clients. However, in a world increasingly plagued by multi-millionaire terrorist organizations, that target large numbers of innocent civilians, Switzerland's guaranteed banking secrecy is increasingly called into question. Terrorist financing is one area in which relatively little progress has been made since the September 11 attacks. Terrorist financial networks continue to thrive, funding acts of violence. In the Patriot Act, the United States gave itself increased abilities to follow these financial transactions overseas. Yet it still does not make full use of these new powers. This study examines …

"We Are No Grumblers": Negotiating State And Federal Military Service In The Pennsylvania Reserve Division, Timothy J. Orr

History Faculty Publications

The article discusses the status of state and federal military officers from Pennsylvania during the U.S. Civil War. It examines the alleged confusion as to the expiration of contracts for soldiers and sailors in the Pennsylvania Reserve Division who had enlisted in 1861. According to the article, the problems arose from organizational difficulties as the mobilization of the Union army fluctuated following the 1861 call to volunteer service from state governors. The article states that following that call, soldiers were transferred from state service into federal service. According to the article, the organizational dilemma caused discord among the Pennsylvania Reserve …

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

The "Speculative Orgy" Of Commercial Banks :Intentions And Impact Of The Glass-Steagall Act, Asher Lowenstein

Student Theses and Dissertations

No abstract provided.

Connecticut's Fourth Congressional District: History, Politics, And The Maverick Tradition, Gary L. Rose

Sacred Heart University Press Books

Connecticut's Fourth Congressional District: History, Politics, and the Maverick Tradition is a case study of one of the most unique congressional districts in the United States. Located in Fairfield County, the fourth district is a bedroom community close to New York City. The district's close proximity to Wall Street, the tendency of the district's constituents to elect free-thinking congresspersons, and the wealth and celebrity status of many district residents have resulted in a setting which can be described as an anomaly in the larger context of congressional politics. Contents: Introduction -- Connecticut's Fourth Congressional District: geography and demographics -- A …

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Librarian Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Business Roundtable: Patents & Trademarks, Robert Berry

Librarian Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Settlement And Growth Of Quagga Mussels (Dreissenia Rostriformis Bugensis Andrusov, 1897) In Lake Mead, Nevada-Arizona, Usa, Wai Hing Wong, Shawn Gerstenberger, Wen Baldwin, Bryan Moore

Environmental & Global Health Faculty Research

Settlement and growth of quagga mussels Dreissena rostriformis bugensis were monitored in Lake Mead, NV, USA, where the first dreissenid occurrence was confirmed in the western United States. To measure the settlement rate of these invasive mussels, seven acrylonitrile butadiene styrene (ABS) pipes were attached to a line in shallow water (7.7 m below the surface) since November 23, 2007; eight ABS pipes were placed on another line in deep water (13.4 m below the surface) since January 3, 2008. Quagga mussels were sampled from these pipes on March 19, May 21, July 9, October 20, and December 19, 2008. …

Engagement And Disengagement: Rethinking Somalia, Ethan Hamilton

Global Tides

This paper outlines three international policy options for Somalia in an effort to begin working towards solving the issues that have plagued the Horn of Africa for over 40 years. A short introduction summarizing Somalia’s tumultuous history precedes an examination of the three policy options. The first proposal, as supported and practiced by the U.S. State Department, is an interventionist policy involving political, economic, and in the past, military intervention. The policy would continue to allow the U.S. to closely monitor Somalia’s struggling government in an effort to maintain and protect its regional interests. The second proposal reconsiders Somaliland’s de …

Striving For A Happier America: Lessons From Denmark, Leanne P. Ringquist

CMC Senior Theses

American society has lost sight of one of its most valued virtues: Happiness. Research has showed that the United States is behind many other countries in the overall happiness of its citizens. Leading the world in well-being is Denmark. This paper’s aim is to explore possible factors that could be facilitating the well-being of Danish citizens, and applying them to American society. In this search, I explore universal individual factors, as well as factors that lead to the development of a culture and dispositions of its citizens. From these factors, as well as unique characteristics of both countries, I hypothesized …

The Global Expansion Of The Al Qaeda Franchise, Benjamin S. Forster

CMC Senior Theses

This thesis examines how the international terrorist group known as Al Qaeda has expanded its operations globally since 9/11. Case studies of Al Qaeda’s operations in the Arabian Peninsula, the United Kingdom, and the United States illustrate how the organization has exploited diverse environmental conditions to achieve either a limited or fully integrated local presence. This thesis argues that Al Qaeda has evolved into a highly diffuse and decentralized franchise that exercises little command and control over its organizational arms.

War For The Soul Of Empire: Colonial British Protestants In The French And Indian War, 1754--1763, Jonathan Bratten

Master's Theses and Capstones

As the British and French went to war in 1754, the British colonies readied themselves for another round of warfare. Unlike previous colonial wars, however, this conflict was supported by the zealous preaching of Protestant clergy who were calling for the destruction of Catholic New France. Colonial governments were loath to use the vitriolic rhetoric of the clergy, but still used religion as a justification for raising troops to send on campaigns. The soldiers themselves were drawn from the populace, which was extremely religious, and saw themselves as the emissaries of the Lord. These three forces combined to make the …

Vital Allies: The Colonial Militia's Use Of Indians In King Philip's War, 1675--1676, Shawn Eric Pirelli

Master's Theses and Capstones

This study examines the role that Indians played in King Philip's War. It argues that Indians and Indian fighting tactics saved the colonies from destruction. This contention relies heavily on the assertion that February 1676 was the turning point in the war. Chapter I reexamines the role that Indian spies and informants played in King Philip's War, and argues that they saved the colonies from surprise attacks on major settlements. Chapter II argues that "friendly" Indians played a significant role as counterinsurgents against a common enemy. Additionally, they provided extra numbers at a time when the colonial militias suffered from …

Toward An Environmental Conservatism, Terri S. Winters

Master's Theses and Capstones

The Evangelical Climate Initiative (ECI) argues that climate change is real and human-induced and represents a moral challenge for Christians to which an urgent response is required. The ECI demonstrates that there is common ground between conservatism and environmentalism. The actions of the ECI fit within an "environmental conservatism" whose elements have historical precedence. We find the seeds of parallel ideas in the writings of the Southern Agrarians in the 1920s and 1930s---ideas that were brought to full flower by Richard Weaver, an important figure in the development of a post-World War II traditional conservatism. We also find a similar …

Arctic Ambitions The Photographs Of The Lady Franklin Bay Expedition Of 1881--1884 George W Rice Photographer, Geoffrey E. Clark

Master's Theses and Capstones

The Lady Franklin Bay Expedition of 1881--1884 to the polar arctic was one of the first U.S. government sponsored foreign expeditions to incorporate the new medium of photography. The official photographer George W. Rice produced over one hundred images recording the progress of the project, including the landscape, scientific work, artifacts and indigenous people. These served multiple functions of acquisition, publicity and propaganda to promote the American program of expanding its sphere of influence beyond the borders of the United States. This thesis is the first complete catalog of the Rice photographs, drawn from all of the known collections, annotated …

Quarterly Banking Profile - Fourth Quarter 2010, United States: Federal Deposit Insurance Corporation (Fdic)

Documents

No abstract provided.

Jp Morgan 2010 10-K Form, Jpmorgan Chase & Co.

Documents

No abstract provided.

One Problem, Three Fixes, Bruce Pounder

Documents

No abstract provided.

Sec Annual Report 2011, United States: Securities And Exchange Commission (Sec)

Documents

No abstract provided.

Housing Government Sponsored Enterprise Programs, United States: Department Of The Treasury

Documents

No abstract provided.