Digital Commons Network^™

Judicial Patriarchy And Domestic Violence: A Challenge To The Conventional Family Privacy Narrative, Elizabeth Katz

William & Mary Journal of Race, Gender, and Social Justice

According to the conventional domestic violence narrative, judges historically have ignored or even shielded “wife beaters” as a result of the patriarchal prioritization of privacy in the home. This Article directly challenges that account. In the early twentieth century, judges regularly and enthusiastically protected female victims of domestic violence in the divorce and criminal contexts. As legal and economic developments appeared to threaten American manhood and traditional family structures, judges intervened in domestic violence matters as substitute patriarchs. They harshly condemned male perpetrators—sentencing men to fines, prison, and even the whipping post—for failing to conform to appropriate husbandly behavior, while …

Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The New And Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, Stephen E. Sachs

Coase-Sandor Institute for Law & Economics Research Paper Series

These five essays, which were originally published on the Library of Law and Liberty website, explore several themes involving the new and o

A Framework For Bailout Regulation, Anthony Casey, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

During the height of the financial crisis in 2008 and 2009, the government bailed out numerous corporations, including banks, investment banks, and automobile manufacturers. While the bailouts helped end the financial crisis, they were intensely controver

Extending The Life Of Paint And Reflective Markers By Using Partial Rubber Plow Blades, Dwayne Harris

JTRP Technical Reports

Winter roadway maintenance in Indiana typically involves the removal of snow and ice from the roadway with metal plow blades. The interaction of the wearable metal portion of the plow and the roadway causes damage to raised pavement markers (RPMs) and painted line markings. Partial rubber snow plow blades (PRPBs) are currently available as an alternative to full metal blades. The purpose of this project was to conduct a limited study to evaluate the decrease in damage to the RPMs and pavement markings, and rate the snow removal performance of the PRPB verses the traditional steel carbide blade. Overall there …

Business Model Options For Antibiotics: Learning From Other Industries, Ella Jaczynska, Kevin Outterson, Jorge Mestre-Ferrandiz

Faculty Scholarship

As resistance to antibiotics continues to grow, there is a well-recognized misalignment between the clinical need for new antibiotics and the incentives for their development. The returns from investment in antibiotics research and development (R&D) are perceived as too small. Partly as a result, the number of large multinational companies researching antibiotics has fallen drastically in the past 20 years and few high-quality antibiotics have been developed.

In looking at the antimicrobial resistance (AMR) situation, we were aware that other industries have faced conceptually similar challenges and that they might offer helpful lessons and possible solutions that could be adapted …

Law Student Plagiarism: Contemporary Challenges And Responses, Robin F. Hansen, Alexandra Anderson

Journal of Legal Education

No abstract provided.

Book Review Of My Beloved World, By Sonia Sotomayor, Lisa Marshall Manheim, Elizabeth G. Porter

Journal of Legal Education

No abstract provided.

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Mario L. Barnes, Erwin Chemerinsky, Angela Onwuachi-Willig

Faculty Scholarship

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity approach, as opposed to the anti-classification approach, is the correct approach for analyzing equal protection cases. In so doing, these authors highlight several opportunities that the U.S. Supreme Court missed to acknowledge and explicate the way in which race, racism, and racial privilege operate in society and thus advance the anti-subordination approach to equal protection. In the end, the authors suggest that, with regard to …

The Future Of Federalism, From The Bottom Up, Anthony Johnstone

Montana Law Review

No abstract provided.

Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.

Montana Law Review

No abstract provided.

Tribal Disruption And Federalism, Matthew L.M. Fletcher

Montana Law Review

No abstract provided.

Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein

Montana Law Review

No abstract provided.

Cooperative (And Uncooperative) Federalism At Tribal, State, And Local Levels: A Case For Cooperative Charging Decisions In Indian Country, Danna R. Jackson

Montana Law Review

No abstract provided.

War, Fields, And Competing Economies Of Death. Lessons From The Blockade Of Leningrad, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

War can create a massive amount of death while also straining the capacity of states and civilians to cope with disposing of the dead. This paper argues that such moments exacerbate contradictions between three fields and “economies” (logics of interaction and exchange) – a political, market, and moral economy of disposal – in which order and control, commodification and opportunism, and dignity are core logics. Each logic and economy, operating in its own field, provides an interpretation of the dead that emerges from field logics of normal organization, status, and meanings of subjects (as legal entities, partners in negotiation, and …

Hijacking Justice: Assessing The Emergency Driven Analysis Of Confrontation Clause Jurisprudence, Steven C. Berlowitz

Cardozo Law Review

No abstract provided.

Pancasila: Roadblock Or Pathway To Economic Development, Marcus Marktanner, Maureen Wilson

Faculty Articles

When Sukarno (1901-1970) led Indonesia towards independence from the Dutch, he rallied his supporters behind the vision of Pancasila (five principles). And although Sukarno used different wordings on different occasions and ranked the five principles differently in different speeches, Pancasila entered Indonesia’s constitution as follows: (1) Belief in one God, (2) Just and civilized humanity, (3) Indonesian unity, (4) Democracy under the wise guidance of representative consultations, (5) Social justice for all the peoples of Indonesia (Pancasila, 2013).

Pancasila is a normative value system. This requires that a Pancasila economic framework must be the means towards the realization of this …

The Morality Of Law Practice, Geoffrey C. Hazard Jr.

UC Law Journal

This is an inquiry about the morality of lawyers and law practice. Some modern academic critiques hold law practice to be immoral or unjust as compared to the standard of “common morality” or of the sense of “justice” shared in the community. This Essay advances a different standard of reference, one that takes into account the pervasive conflicts within society and the limitations on the government’s ability to get at the truth. These limitations generate a role for lawyers as empowered figures who employ government authority as partisans and confidantes for their clients. That role is comparable to other roles …

The Evidence Of Things Not Seen: Divining Balancing Factors From Kiobel’S “Touch And Concern” Test, Ursula Tracy Doyle

UC Law Journal

The long awaited Supreme Court decision in Kiobel v. Royal Dutch Petroleum raised the bar for human rights plaintiffs seeking redress under the Alien Tort Statute (“ATS”), a statute which provides jurisdiction in U.S. district courts for foreign nationals alleging a tort in violation of customary international law. Prior to Kiobel, the typical ATS case alleged atrocities against corporate actors based upon events that occurred largely, if not entirely, outside of the United States. In Kiobel, however, the Supreme Court held that the presumption against extraterritoriality applied to the ATS and that this presumption precludes claims brought pursuant to the …

Revisiting Divestment, Nancy Schneider

UC Law Journal

This Note explores whether state and local legislation passed during the anti-apartheid divestment campaign can serve as a model for trustees of public pension funds to divest their holdings in fossil fuels consistent with their fiduciary duties of loyalty and prudence. The primary case to emerge from the anti-apartheid divestment campaign, Board of Trustees of the Employees Retirement System of the City of Baltimore v. Mayor and City Council of Baltimore City gives some (albeit insufficient) guidance as to whether divestment by trustees of public pension plans of investments in fossil fuels would be a breach of their fiduciary duties. …

Understanding Residential Location Choices For Climate Change And Transportation Decision Making: Phase 2 Report, Kelly J. Clifton, Steven R. Gehrke, Kristina Marie Currans

Civil and Environmental Engineering Faculty Publications and Presentations

This research builds on the related Phase 1 project. In this second phase, we continue to study neighborhood and housing preferences that shape the residential location decision process. An online experimental survey tool is developed to investigate lifestyle preferences and tradeoffs that households make in their location decisions. This computer-aided experimental survey draws upon stated preference methods to engage participants in questions about residential location and transportation options. The survey infrastructure was extensively piloted (6-10% response rate). The 10-minute survey can be deployed for future investigations. This infrastructure is a contribution for the integration of visualized neighborhood typologies, or concepts, …

Machine Learning For Predicting Soil Classes In Three Semi-Arid Landscapes, Colby W. Brungard, Janis L. Boettinger, Michael C. Duniway, Skye A. Wills, Thomas C. Edwards Jr.

Plants, Soils, and Climate Faculty Publications

Mapping the spatial distribution of soil taxonomic classes is important for informing soil use and management decisions. Digital soil mapping (DSM) can quantitatively predict the spatial distribution of soil taxonomic classes. Key components of DSM are the method and the set of environmental covariates used to predict soil classes. Machine learning is a general term for a broad set of statistical modeling techniques. Many different machine learning models have been applied in the literature and there are different approaches for selecting covariates for DSM. However, there is little guidance as to which, if any, machine learning model and covariate set …

Jonathan Zarecki, Cicero’S Ideal Statesman In Theory And Practice. London And New York: Bloomsbury Academic, 2014. Pp. 224. Cloth (Isbn 978-1-78093-295-8) $104.00., Grant A. Nelsestuen

New England Classical Journal

No abstract provided.

Marshall-Positive Su(N) Quantum Spin Systems And Classical Loop Models: A Practical Strategy To Design Sign-Problem-Free Spin Hamiltonians, Ribku K. Kaul

Physics and Astronomy Faculty Publications

We consider bipartite SU(N) spin Hamiltonians with a fundamental representation on one sublattice and a conjugate to fundamental on the other sublattice. By mapping these antiferromagnets to certain classical loop models in one higher dimension, we provide a practical strategy to write down a large family of SU(N) symmetric spin Hamiltonians that satisfy Marshall's sign condition. This family includes all previously known sign-free SU(N) spin models in this representation and in addition provides a large set of new models that are Marshall positive and can hence be studied efficiently with quantum Monte Carlo methods. …

Book Review: Vacationland: Tourism And Environment In The Colorado High Country, J. Mark Souther

History Faculty Publications

No abstract provided.

Psci 505.01: Budgeting And Finance, Jeffrey D. Greene

University of Montana Course Syllabi

No abstract provided.

Novel Mechanism Of Regulation Of Tomato Bushy Stunt Virus Replication By Cellular Ww-Domain Proteins, Daniel Barajas, Nikolay Kovalev, Jun Qin, Peter D. Nagy

Plant Pathology Faculty Publications

Replication of (+)RNA viruses depends on several co-opted host proteins but is also under the control of cell-intrinsic restriction factors (CIRFs). By using tombusviruses, small model viruses of plants, we dissect the mechanism of inhibition of viral replication by cellular WW-domain-containing proteins, which act as CIRFs. By using fusion proteins between the WW domain and the p33 replication protein, we show that the WW domain inhibits the ability of p33 to bind to the viral RNA and to other p33 and p92 replication proteins leading to inhibition of viral replication in yeast and in a cell extract. Overexpression of WW-domain …

Book Review Of For Discrimination: Race, Affirmative Action And The Law, By Randall Kennedy, Mae Kuykendall

Journal of Legal Education

No abstract provided.

Every Consumer Knows How To Run A Business: The Dangerous Assumptions Made When A Prior Possession Conviction Is Admitted As Evidence In A Case Involving Commercial Drug Activity, Ashley Hinkle

Northern Illinois University Law Review

This Comment provides a discussion on Federal Rule of Evidence 404(b), which for the past few decades has allowed federal prosecutors to use instances of prior possession to fulfill elements of a different crime involving commercial drug activity. This evidence has been allowed in a variety of circumstances among the federal circuits, regardless of proximity in time, relatedness, or similarity between the previous instance of possession and the new commercial drug charge at hand. This Comment contains an in-depth analysis of the evidentiary rule, procedural requirements, case law, and the present circuit split on this issue. A recent decision by …