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Full-Text Articles in Law

Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham Jul 2008

Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham

George H Baker

The physical and social fabric of the United States is sustained by a system of systems; a complex and dynamic network of interlocking and interdependent infrastructures (“critical national infrastructures”) whose harmonious functioning enables the myriad actions, transactions, and information flow that undergird the orderly conduct of civil society in this country. The vulnerability of these frastructures to threats — deliberate, accidental, and acts of nature — is the focus of greatly heightened concern in the current era, a process accelerated by the events of 9/11 and recent hurricanes, including Katrina and Rita. This report presents the results of the Commission’s …


Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz May 2008

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Amilcar Shabazz

No abstract provided.


The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler Dec 2007

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.


Morse V. Frederick's New Perspective On Schools' Basic Educational Missions And The Implications For Gay-Straight Alliance First Amendment Jurisprudence, Jordan Woods Dec 2007

Morse V. Frederick's New Perspective On Schools' Basic Educational Missions And The Implications For Gay-Straight Alliance First Amendment Jurisprudence, Jordan Woods

Jordan Blair Woods

In Morse v. Frederick, the United States Supreme Court adopted a new rule permitting schools to limit student expression that is reasonably viewed to promote illegal drug use. The purpose of this Article is to demonstrate that Morse could alter the First Amendment analysis in gay-straight alliance (GSA) litigation to make it easier for LGBTQ students to form GSAs under the First Amendment. Prior to Morse, the Supreme Court increasingly deferred to schools' educational missions to grant schools increasing authority to limit student speech. In Morse, however, the Court shifted its tone and harshly criticized the notion that schools may …


What Is Reading In The Pratice Of Law?, Kirk W. Junker Dec 2007

What Is Reading In The Pratice Of Law?, Kirk W. Junker

Kirk W Junker

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an end—to produce a description of the substance or procedure of a particular area of the law. Too often, it …


Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott Dec 2007

Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott

George H Baker

No critical infrastructure is self-sufficient. The complexity inherent in the interdependent nature of infrastructure systems complicates planning and preparedness for system failures. Recent wide-scale disruption of infrastructure on the Gulf Coast due to weather, and in the Northeast due to electric power network failures, dramatically illustrate the problems associated with mitigating cascading effects and responding to cascading infrastructure failures once they have occurred.

The major challenge associated with preparedness for cascading failures is that they transcend system, corporate, and political boundaries and necessitate coordination among multiple, disparate experts and authorities. This symposium brought together concerned communities including government and industry …