Law Commons^™

Digital Editing: It's Time To Tell All, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Actually, There Is No Line ..., Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Playas Or Poseurs? Scholars Or Journalists?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Elizabeth Brabec

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

Sex Selection & Pre Birth Elimination Of Girl Child, Professor Vibhuti Patel

Professor Vibhuti Patel

Prenatal Diagnostic Techniques Act was enacted in 1994 as a result of pressure created by Forum Against Sex-determination and Sex –preselection. But it was not implemented. After another decade of campaigning by women’s rights organisations and public interest litigation filed by CEHAT, MASUM and Dr. Sabu George, The Pre-natal Diagnostics Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 received the assent of the President of India on 17-1-2003. The Act provides “for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or …

The Effect Of Auburn University’S Business-Engineering-Technology Program On The Predisposition Towards Entrepreneurship In Business And Engineering Graduates, Paul Swamidass, Daniel Butler

Paul Swamidass

The unique Business-Engineering-Technology (BET) minor at Auburn University trains business and engineering students in teamwork and entrepreneurship. All eleven graduates of the first BET class (2003) and nineteen graduates from the second BET class (2004) were surveyed to assess their entrepreneurial skills, knowledge and abilities. Their responses were compared against the Auburn University norm for graduating seniors. The norm was developed using 254 responses from business and engineering students who were cohorts of the BET students. In this lock-step program, students design and develop three different products and matching businesses to exploit their products. Over the two years, they prepare …

What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

[Abstract written March 2008, TLC] Under worst-case planning assumptions used by some major metropolitan areas, a Neighbor-to-Neighbor self-help program model is the primary link between citizens and the professional response personnel of the responsible government agencies.

In the Neighbor-to-Neighbor self-help program model or a Community Emergency Management Plan (CEMP) calls on the citizens in neighborhoods to identify and establish cluster emergency preparedness committees, Cluster Emergency Coordination Centers (CECC) and Community Emergency Response Teams (CERT). Missing from these plans or what is not articulated is how constant Public Health Post-Event Surveillance, Monitoring and Assessments will be done. Given the worst-case planning …

Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister

Paul D. Callister

For so long as it has been important to know “what the law is,” the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.

Part I of the paper introduces a holistic approach to “medium theory”—the idea that methods of communication influence social development and ideology—and applies the theory to the development of legal thinking and institutions. Part …

Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger

Beat Habegger

No abstract provided.

Fairness In Consumer Law: A Vague, Flexible Notion, Anna Giordano Ciancio

Anna Giordano Ciancio Dr.

Fairness in Consumer Law: a vague, flexible notion This paper focuses on the notion of ‘fairness’ in consumer law with regard to the issue of unfair terms in consumer standard form contracts. This issue is addressed through a comparative analysis concerning the meaning of fairness as well as (un-)fairness related concepts. In particular, emphasis is placed on the intertextual, semantic links existing between ‘ fairness ‘ and ‘reasonableness’ as notions that prevail in the English legal system. As a reference normative text, the Unfair Contract Terms Act 1977 (UCTA) is examined and compared to the Unfair Terms in Consumer Contracts …

The Ethics Of Staging, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Confessions Of An Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, And My Long And Winding Path As A Copyright Activist-Academic, Kembrew Mcleod

Kembrew McLeod

Using as its departure point the controversy surrounding the release and dissemination of Danger Mouse's Grey Album, this article discusses the recent brand of activism that has emerged as a reaction to the expanding influence of intellectual property law. The limited edition Grey Album, in which Danger Mouse mixed the instrumentation from the Beatles' White Album with vocals from rapper Jay-Z's Black Album, came to the attention of EMI/Capitol, the owner of the Beatles' sound recordings, in early 2004. Danger Mouse received a cease and desist letter from this copyright holder immediately after it was released, but it wasn't until …

Ciclos Econômicos: Uma Análise Comparativa Entre A Teoria De Kondratieff E Da Escola Austríaca De Economia, Lucas Mendes

Lucas Mendes

Monografia de Graduação para obtenção do título de Bacharel em Economia pela Universidade Regional do Noroeste do Estado do Rio Grande do Sul - UNIJUÍ, Curso de Economia.

Free And Fair Elections, Riccardo Pelizzo

riccardo pelizzo

This chapter argues that the freedom and the fairness of elections are threatened by old and new (and emerging) threats. In fact, the freedom and the fairness of elections are threatened not only by political violence, intimidation and electoral fraud which can be regarded as the ‘old’ or ‘traditional’ threats, but they are also threatened by the absence of plural sources of independent information, conflict of interests and , above all, corruption

L'Efficacia Legislativa Dei Governi: Quali Cause?, Riccardo Pelizzo

riccardo pelizzo

Il proposito di questo articolo e’ di cercar di capire quali fattori facilitino e magari causino, un’efficace azione legislativa dei governi. Questa analisi comparata e, per quanto possibile, quantitativa, e’ resa possibile dal lavoro svolto da Doering e dai suoi collaboratori che hanno raccolto, pazientemente e sapientemente, dati preziosi sulla azione legislativa dei governi, sulla efficacia di tale azione legislativa e sulle possibili cause di tale efficacia in 18 democrazie europee

Tort Law Through Time And Culture: Themes Of Economic Efficiency, M Stuart Madden

M Stuart Madden

Hellenic philosophers assessed the goals of society as: (1) the protection of persons and property from wrongful harm; (2) protection of the individual’s means of survival and prosperity; (3) discouragement of self-aggrandizement to the detriment of others; and (4) elevation of individual knowledge that would carry forward and perfect such principles.

Roman law was replete with proscriptions against forced taking and unjust enrichment, and included rules for ex ante contract-based resolution of potential disagreement. Customary law perpetuated these efficient economic tenets within the Western World and beyond.

The common law, in turn, has nurtured many of the same ends. From …

Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell

Liz Campbell

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …

Succeeding In A Cross-Disciplinary, International, Student Design-Team Project: Auburn University/University Of Plymouth Experience, Paul Swamidass, Bob Bulfin, David Grieve, Chetan Sankar, Venu Vulasa

Paul Swamidass

Globalization has turned product design upside down. Members of a single design team in multinational firms may be located in several countries such as the USA, UK, Italy, India and so on. It is a challenge to give engineering and business students a taste of this experience. Auburn University’s Business-Engineering-Technology (B-E-T) program, and the College of Engineering, University of Plymouth, participated in a joint effort to replicate real-life product design process with a mixture of engineering and business students. This paper describes the experience, its lessons and compares it with other attempts at multinational student design-team projects.

Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert

Paul R Rickert

The federal government has expanded to meet perceived social needs and as issues come to the forefront that Washington elites believe they can fix. Consequently, they expand the power and role of the government. One way this is done is through progressive criminalization of once held freedoms. Consider the first drug laws, consider the war on poverty, consider the tax code, the new war on drugs, and hate-crimes legislation. Although tax law is not criminal law per-se, in the end, choosing not to pay taxes results in prosecution. Laws and regulations ultimately must have “teeth” for it to be effective. …

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

The Evolution Of Employment Discrimination Law In The 1990s: A Preliminary Empirical Investigation, John Donohue, Peter Siegelman

John Donohue

No abstract provided.

Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie

Jeff L Yates

In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

David S. Law

This article argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government exacerbates …

Princípios Do Direito À Cidade, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Regional Land Pattern Assessment: Development Of A Resource Efficiency Measurement Method, Elizabeth Brabec, Geoffrey Mcd Lewis

Elizabeth Brabec

Debate on the sustainability of human settlements has recently been focused primarily on the urban portion of the land use pattern. However, urban areas rely on suburban, rural, and other less densely settled lands for their existence. In order to quantify the impacts of various land patterns on their supporting resources, these exurban lands must be included in any sustainability assessment. This need for a regional view has resulted in a measurement method that enables comparisons of relative sustainability between various regional land use patterns. Existing methods employed to assess urban sustainability are reviewed and compared with the regional characteristic …

Roles Of Sexual Objectification Experiences And Internalization Of Standards Of Beauty In Eating Disorder Symptomatology: A Test And Extension Of Objectification Theory, Danielle Dirks, B. Moradi

Danielle Dirks

No abstract provided.

Culture Jamming, The Trickster And The Media Machine, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Copyright Criminals: Free Speech And The Move From Textual To Multimedia Expression. Signal Or Noise Ii: Digital Media Interactivity And The Transformation Of Consumers Into Creators,, Kembrew Mcleod

Kembrew McLeod

No abstract provided.