Digital Commons Network^™

Jcps Spring 2015 Issue

Journal of Counselor Preparation and Supervision

No abstract provided.

Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The history of sexual harassment law─which I have occasion to consider as part of this symposium on the fiftieth anniversary of Title VII─can be divided, if not neatly, into three eras. The 1970s was home to the emergence of consciousness about the frequency and harm of sexually harassing behaviors in the workplace─and a name to describe them. The 1980s and 1990s saw the development and embrace of a theoretical understanding of sexual harassment as a form of discrimination, outlined in Catharine MacKinnon's path-breaking 1979 book, The Sexual Harassment of Working Women, and the development of a comprehensive set of …

Intellectual Property Infringement As Vandalism, Irina D. Manta, Robert E. Wagner

Hofstra Law Faculty Scholarship

Defenders of strong intellectual property rights often maintain that intellectual property infringement is theft and that the sanctions associated with it ought to be high. Others are skeptical of the property comparison and think that much lower sanctions are appropriate.

In this Article, we argue that a careful analysis demonstrates: 1) that intellectual property infringement can be analogized to a property crime, but 2) that the more analogous crime is vandalism or trespass rather than theft. This categorization takes the rhetorical punch out of the property comparison. In addition to analyzing the natures of the various offenses, this Article investigates …

The Challenge Of Using Electronic Resources To Solve Ill-Structured Legal Problems, Stefan H. Krieger

Hofstra Law Faculty Scholarship

No abstract provided.

"Was The Deal Worth It?": The Dilemma Of States With Ineffective Economic Incentives Programs, Randle B. Pollard

UC Law Business Journal

Federal subsidies to state and local governments have been substantially reduced due to public opinion prioritizing the reduction of the federal deficit, the recent "fiscal cliff" legislation, and the federal budget "sequester cuts." In addition, in many states, revenue collection from individual and corporate income tax is below prerecession levels. To address the reduction in federal funding and reduced revenue collections, state and local governments will increasingly rely on economic incentive programs to grow their economies through increased job creation and private capital investment within their jurisdictions. These economic incentive programs are no longer comprised of simple tax reductions for …

The Long Tail And Demand Creation In The Legal Marketplace, Kristen E. Killian

UC Law Business Journal

This note examines new legal technology companies that are innovating transactional legal products, but not legal services. Legal Tech Innovation Companies (LTICs) represent an innovative leap in how companies that are not law firms provide legal products directly to a consumer. Although these companies are not yet disrupting the core of the legal marketplace, they are meaningfully lowering cost and increasing efficiency through both simplification and speed.

This note describes the type of legal consumers for whom LTICs are creating demand for their legal products and discusses several LTICs in greater detail. It further addresses policy considerations for the transactional …

A Software Patent War: The Effects Of Patent Trolls On Startup Companies, Innovation, And Entrepreneurship, Sonia Karakashian

UC Law Business Journal

This note analyzes the effects of patent trolls on startup companies and the issues that software patentability under 35 U.S.C. § 101 impose on this highly controversial area of intellectual property. This note elaborates on the current patent reforms as well as the common law struggles addressed in Supreme Court decisions. Further, it discusses the software patent war and the controversial issues raised in § 101 of the patent system followed by the issues of patentability and its effects on startup companies. Lastly, this note discusses short-term and long-term progress in the patent system, as well as address the current …

Goodwill And The Excesses Of Corporate Political Spending, David Rosenberg

UC Law Business Journal

This article argues that legislation that provide "special rules" is not necessary because the business judgment rule should not be interpreted to protect corporate directors' decisions to donate to political campaigns in the same way that it protects ordinary corporate charitable contributions or decisions based on CSR. The rule protects donations in the public interest even if they are profit- sacrificing because courts are not in a position to judge whether or not a particular act of giving is designed to maximize profits or is simply an acceptable act of charity with no obvious financial benefit to the corporation itself. …

Privacy: An Issue Of Priority, Stephanie Segovia

UC Law Business Journal

This note highlights the competing stakes in the online privacy debate. It provides an overview of the U.S. business model of companies that participate in data gathering and analysis, and why they do so (namely because of the emergence of Big Data technologies), and discusses examples of how online privacy has eroded in recent years, in turn highlighting the need for federal action. This note also discusses the current status quo of online privacy in America, and why current legislation is inadequate to address online privacy issues. It further includes a discussion of why the U.S. should let the new …

Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey

University of Michigan Journal of Law Reform

Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized …

Racial Profiling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson

University of Michigan Journal of Law Reform

In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an “aggravated felony” for purposes of removal, an important question under the U.S. immigration laws. In the removal proceedings, Adrian Moncrieffe, a black immigrant from Jamaica, did not challenge his arrest and drug conviction. Consequently, the Supreme Court did not review the facts surrounding, or the lawfulness of, the criminal prosecution. Nonetheless, the traffic …

Territorial Annexation As A “Great Power”, Daniel Rice

Duke Law Journal

The Roberts Court has recently begun reviving a long-latent structural constitutional principle—that some unenumerated powers are too important to be inferred through the Necessary and Proper Clause. Under this abstractly sensible theory, some powers are too "great" to have been conferred by implication alone. This structural logic seems poised to command majority holdings in the Supreme Court. But it is largely unclear what results so undertheorized a concept might dictate. Now is the time to survey the domain of "great powers" in service of developing an appropriately modest and judicially enforceable great-powers doctrine.

This Note argues that a power to …

The Rise And Fall Of The New Edinburgh Theatre Royal, 1767-1859: Archival Documents And Performance History, Judith Bailey Slagle

ETSU Faculty Works

Excerpt: In 1859, the Edinburgh house of Wood and Company published a Sketch of the History of the Edinburgh Th eatre-Royal in honor of its fi nal performance and closing, its author lamenting that “Th is House, which has been a scene of amusement to the citizens of Edinburgh for as long as most of them have lived, has at length come to the termination of its own existence” (3).

Recording Review Of Lead Belly: The Smithsonian Folkways Collection, Ted Olson

ETSU Faculty Works

Review of Lead Belly: The Smithsonian Folkways Collection

Celecoxib Or Diclofenac Hepatic Status In The Presence Or Absence Of Rebamipide, D. E. Murrell, Y. Rahmasari, J. W. Denham, P. C. Panus, S. Harirforoosh

ETSU Faculty Works

OBJECTIVE: Utilization of nonsteroidal anti-inflammatory drugs (NSAIDs), such as diclofenac, can produce gastrointestinal ulceration. Thus, cyclooxygenase-2-selective inhibitors, such as celecoxib, and protective agents (e.g. rebamipide) have been employed to alleviate harmful NSAID effects. This study sought to explore the influence of rebamipide on the hepatic outcomes following administration of two commonly prescribed NSAIDs. MATERIALS AND METHODS: Rats were given either vehicle or rebamipide (30 mg/kg) orally twice daily for two days, then on the third day respective groups were dosed with either vehicle, celecoxib (40 mg/kg), or diclofenac (10 mg/kg) in addition to a respective dose of vehicle or rebamipide. …

A Comprehensive View Of The Epigenetic Landscape Part I: Dna Methylation, Passive And Active Dna Demethylation Pathways And Histone Variants, Anna Sadakierska-Chudy, Richard M. Kostrzewa, Małgorzata Filip

ETSU Faculty Works

In multicellular organisms, all the cells are genetically identical but turn genes on or off at the right time to promote differentiation into specific cell types. The regulation of higher-order chromatin structure is essential for genome-wide reprogramming and for tissue-specific patterns of gene expression. The complexity of the genome is regulated by epigenetic mechanisms, which act at the level of DNA, histones, and nucleosomes. Epigenetic machinery is involved in many biological processes, including genomic imprinting, X-chromosome inactivation, heterochromatin formation, and transcriptional regulation, as well as DNA damage repair. In this review, we summarize the recent understanding of DNA methylation, cytosine …

The Reality Of The American Dream, Madeline High

Xavier Journal of Undergraduate Research

No abstract provided.

The Problem Of Religious Dogmatism In Spinoza's Theological-Political Treatise, Alexander Kah

Xavier Journal of Undergraduate Research

No abstract provided.

An Alternative Middle Position: The Contribution Of Joseph A. Komonchak To The Hermeneutics Of Vatican Ii, Martin Madar

Faculty Scholarship

No abstract provided.

A Gateway To Future Problems: Concerns About The State By-State Legalization Of Medical Marijuana, Paul Lewis

The University of New Hampshire Law Review

[Excerpt] “Before 2009, every American presidential administration had been uniform in its policy of consistently enforcing the nation’s drug laws. Pursuant to federal law, possession, use, or cultivation of any drug deemed illegal by Congress was, universally, a prosecutable offense. Notwithstanding this unwavering policy, throughout the 1990s and early 2000s, the marijuana industry continued to grow, and several states legalized medicinal marijuana despite the standing federal prohibition. Moreover, President Barrack Obama, shortly after taking office, broke precedent with his predecessors when he put forth a policy of non-enforcement through a publicly released memorandum authored by the then Deputy Attorney General, …

Yet More Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta, Thomas Daniel Knight

Studies in Rio Grande Valley Regional History Series

Frontera, a poem / Elvira Ardalani -- Strasbourg, Alsace, and Brownsville, Texas : ideal sister cities / Milo Kearney -- La concepción de la identidad fronteriza en Jovita Gonzalez y Adela Sloss de Vento / Laura Garza -- Cuando se fundo Matamoros? / Andres F. Cuellar -- The formation and early development of the Llano Grande / Maria Vallejo -- Doño Rosa Maria Hinojosa de Balli and her family : a lower Rio Grande Valley family in an Atlantic perspective / Thomas Daniel Knight -- Clarksville : a forgotten community on the Rio Grande / Jim Mills -- The last …

Colorado's Gregory J. Hobbs, Jr.: At The Headwaters Of Justice, Troy Eid

Water Law Review

No abstract provided.

Conditional Water Rights And The Problem Of Speculation, Aaron Pettis

Water Law Review

No abstract provided.

American Whitewater V. Tidwell, 770 F.3d 1108 (4th Cir. 2014), R. J. Colwell

Water Law Review

No abstract provided.

Marks V. 71 Ranch, Lp, 334 P.3d 373 (Mont. 2014), Katy Rankin

Water Law Review

No abstract provided.

Weber V. N. Loup River Pub. Power & Irrigation Dist., 854 N.W.2d 263 (Neb. 2014), Kylie Wyse

Water Law Review

No abstract provided.

How Colorado's Prior Appropriation System Addresses Environmental And Recreation Concerns Without A Public Trust Doctrine, Lauren R. Bushong

Water Law Review

No abstract provided.

Environmental Protections And State Water Law, Tim Berrier

Water Law Review

No abstract provided.

Vol. 18, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Solitary Confinement, Connor Mccleskey

The Synapse: Intercollegiate science magazine

No abstract provided.