6,789 research outputs found
Applying the Safe Distance Rule in Counterfeiting Cases: A Call for the Use of Broad Equitable Power to Prevent Black and Gray Marketeering
Hexagonal spiral growth in the absence of a substrate
Experiments on the formation of spiraling hexagons (350 - 1000 nm in width)
from a solution of nanoparticles are presented. Transmission electron
microscopy images of the reaction products of chemically synthesized cadmium
nanocrystals indicate that the birth of the hexagons proceeds without
assistance from static screw or edge dislocatons, that is, they spiral without
constraints provided by an underlying substrate. Instead, the apparent growth
mechanism relies on what we believe is a dynamical dislocation identified as a
dense aggregate of small nanocrystals that straddles the spiraling hexagon at
the crystal surface. This nanocrystal bundle, which we term the "feeder", also
appears to release nanocrystals into the spiral during the growth process.Comment: 4 pages, 5 figure
Representing Race Outside of Explicitly Racialized Contexts
Welfare as we know it ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. Many individuals assume that poor men and women are uncooperative - that women would rather stay home on the government dole than collect child support or find work, and that men have left their homes and are unwilling to support their children. These images of poor people are not just class based; they also rely on stereotypes of gendered and raced behavior. Th.is essay argues that we must challenge the gendered and raced images in welfare reform cases by making explicit the stereotypes that inform public welfare regulations. Even though such advocacy may not change the actual outcomes of the cases, it can begin to change the rhetoric, raising public awareness of the effect of such programs. Ultimately, advocates can take apart the raced and gendered spaces in which poor people live, allowing them both to stay at home and to leave the home. Representation in welfare reform litigation, then, allows advocates to point out the racialized aspects of their cases. It shows the relevance of race to litigation claims and the litigation process
Postmortem Life On-Line
This article briefly explores the status of online assets once the owner becomes incapacitated or dies. It provides practical suggestions on how to marshal assets and ensure that they are appropriately handled, while also addressing some of the underlying theoretical issues involved in the relationship between online life and death
Digital Planning: The Future of Elder Law
More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a will. Indeed, even if they do engage in planning, they cannot be confident that their wishes will be carried out: only a few states have laws covering probate and digital assets, there is no generally accepted method for using wills or trusts to dispose of digital assets, and the policies of Internet providers often preclude the exercise of individual autonomy. As Internet usage becomes even more pervasive and as online assets and accounts have the potential to become even more valuable (emotionally and financially), issues involving control of digital property are rapidly becoming even more important.This article first explains digital assets as a new species of property and discusses the importance of planning for these assets. The article next analyzes the legal context for digital asset disposition, including the few existing state laws, and then turns its attention to the future, including suggestions for planning and commentary on where the law might be headed. Notwithstanding the legal uncertainties surrounding digital asset disposition, individuals should make plans for the management, ownership, or destruction of these assets based on the foundational principles of deference to the individual’s intent. Acknowledging the difficulty of predicting the future, the authors feel quite confident that, as Elder Law moves forward, planning for a client’s digital assets will assume an increasingly important role
Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence
Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence articulates principles for an approach to gender-based violence during conflict and post-conflict that operates within three different meanings of justice: criminal/civil justice, restorative justice, and what I define as social services justice. The article argues that responses to sexual violence must integrate legal and nonlegal, national, international, and local approaches, and must respond to both short and longer-term needs. It focuses on victims of sexual violence in the Democratic Republic of the Congo during what has been called the First World War in Africa, which occurred from 1996-2003.
Joseph Conrad famously wrote about The Heart of Darkness more than a century ago. Today, the Congo is emerging from a devastating war which involved neighboring countries, including Rwanda, Burundi, Uganda, and Angola. As the Congo undergoes a transition to a democracy, it must grapple with its response to the hundreds of thousands of victims of sexual violence who are still wounded - in so many ways - as a result of the conflict.
By focusing on the actual victims of violence, this article articulates a new vision of social services justice. Social services justice adds another dimension to the criminal/civil justice system and to restorative justice (remedies such as reparations and mediation) by focusing on the social, economical, medical, and psychological components of providing justice to victims and moving beyond the two-dimension focus on perpetrator/victim. This new vision of justice is applicable to countries beyond the Congo and to victims of any type of conflict-based violence.
This article discusses the contemporary Congolese conflict, providing the context for the sexual violence that has occurred during the war. Next, the article provides a fuller development of the principles that should guide any response to the sexual violence, surveying the possible approaches. Finally, the article provides specific recommendations for a victim-centered approach that reflects and respects community concerns and interests and that also ensures responsibility for perpetrators
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