In more recent years, the building has sat downtown vacant and worn down.

Bioprospecting, the search for valuable cells, also presents three related issues on which the author comments. One issue is whether the subject's assignment of all his rights in his cell samples to the researcher should be enforced ex post when the cells prove valuable. A second issue is whether, in the absence of a clear assignment of rights to the cell samples, the subject or patient should possess a claim against the researcher to a share of revenues derived from those cell samples. A third issue is whether a patient whose samples are used for research or commercial purposes without his express consent should possess some dignitary claim against the researcher regardless of whether the samples have proven valuable. On each issue, the author supports an approach that favors the biotechnological researcher.

This is also a war unlike any other the United States has experienced. No nation-states are threatening our shores. Therefore, it is unlikely that there will be a clear signal that the war is over as no armistice will be signed. Instead, the country appears to be now perpetually at war with "shadowy groups, often fluid in nature, motivated by a distorted Islamist ideology and only sometimes in association with established governments." The methods and weapons these groups use are "unconventional" and "intended to disrupt civil society rather than conquer it with large-scale military means." In response to the horrors of that day, the country is newly and fervently patriotic, and "the military is popular again."

The events of 9/11 have also brought into sharp focus a conflict that this country has not witnessed since the Cold War: the clash between the safety and continuation of the Republic and other values we hold dear, among them a healthy environment. That conflict is the subject of this article.

Unavoidable conflicts between the requirements of environmental laws and protecting national security exist, although some like Stephen Dycus believe that they are avoidable with proper planning and foresight. No one understands this situation better than the military.

In time of war, the resolution of these conflicts may favor national security over the environment. According to Lawrence Gostin, in a constitutional democracy, however, "[t]he state acts at its lowest level of legitimacy when the risk [of harm] is low and the means are ill-suited to achieve legitimate ends." Even in high-risk situations, if "the means . . . exceed the scope of the threat," Gostin suggests the government's actions will be "unacceptable." The challenge is to find a workable balance in this new, and perhaps unending, era of terror without undercutting the national defense and the government's legitimacy. This article posits that the proper balance has not been found, at least with respect to laws protecting the environment and public health.

The first section of the article describes the ways in which pre-9/11 environmental laws protected the country's national security interests. To provide a broader context for understanding the more narrowly focused changes to environmental laws after 9/11, the article next briefly describes the USA PATRIOT Act and the fundamental changes it has made to basic civil liberties. The third part of the article describes changes made to wildlife laws in the immediate aftermath of 9/11, and pending revisions to pollution control laws, which have not moved as swiftly. This part of the article also contains a discussion of modifications made to public disclosure laws and policies, including those curtailing the release of information to the public about environmental risks. The article concludes by discussing why these initiatives should be of concern and asks whether they are a necessary response to the perceived terrorist threat to the country; a question made all the more urgent by the fact that war now appears to be "continually on the horizon." The article concludes that the military is using the "war on terrorism" as a Trojan horse to get out from under thirty years of constraining environmental laws it has never fully accepted.

This article uses Michael J. Sandel's twin concepts of a civic republican polity and dispersed sovereignty as a starting point for developing a theoretical justification for returning greater political and cultural autonomy to tribes. Republican thinking contains some very useful principles for the cause of enhanced tribal sovereignty. These principles should be persuasive because of the important role they played in the founding of this nation and their continuing relevance to theoreticians struggling to find a harmonic place for difference in our democratic society. However, there is a need to find a way to do this without destabilizing the country's capacity to govern or creating separate racial homelands for tribes. The article suggests that granting tribes a constrained power to nullify laws and policies that diminish their sovereignty may offer a structural solution that assures the continuation not only of Indian tribes as vibrant, unique cultures, but also of the United States as a nation and as a robust, pluralistic, tolerant democratic society. "[T]he moral independence of local nomic communities is not a burden to be tolerated or overcome, but is, instead, an essential part of how we build personal integrity and moral freedom as rooted, situated, and well-constituted selves." In order to reach the article's goal of proposing a new theoretical foundation upon which to build solutions to the problem of tribal sovereignty, much ground must be covered. Part II starts this journey by looking briefly at modern conceptions of sovereignty to see whether granting tribes enhanced sovereignty within the United States would offend archetypical notions of sovereignty. Finding it would not, part II concludes that there is much to be gained by tribes, if they were to succeed in their quest. Part III discusses the basic elements of tribal sovereignty, identifies its principal theoretical sources, and then briefly describes its status at the start of the fifth century of contact with non-Indians. Part III concludes that, despite centuries of ill-conceived federal policies and destructive Supreme Court decisions that have weakened the theoretical sources of tribal sovereignty, Indian tribes have retained sufficient core elements of what it means to be sovereign, as described in part II, to qualify objectively as sovereign entities. Part IV acquaints the reader with classical and contemporary republican principles and discusses three such principles that provide particular support for a more robust tribal sovereignty than exists today, as well as one that might undermine it. Part IV of the article shows that Indian tribes not only deserve and need enhanced self-governing authority to protect what is unique about their communities, it also demonstrates that, despite everything that has happened to them, the tribes have retained sufficient cultural, political, and even territorial separation to qualify as repositories of Sandel's downward dispersed sovereign authority. Part V acknowledges the problems that recognizing difference as a basis for separate sovereignty pose to our national norm of a blended society--as well as to any notion of territorial integrity. However, it argues that modem republican thinking, particularly Sandel's multiply-situated citizen and Frank Michelman's dialogic deliberation, assures the survival of both.

It is not enough to establish a theoretical basis for reinvigorated tribal sovereignty. A practical means for its exercise must be found. Otherwise, the painful history of Indian tribes in this country may still end with their disappearance. Accordingly, part VI examines various practical solutions to the problem of tribal sovereignty and finds each of them wanting in some aspect. The article proposes that tribes be allowed to exercise a constrained power to nullify (or opt out of) laws that diminish their sovereignty. Part VI ends with a brief discussion of how the application of republican principles might make this result palatable to both Congress and the Court.

This trend in the Court's application of the Eleventh Amendment to shield states from injured private citizens has potentially ominous implications for citizens seeking to enforce federal environmental laws against states, as Justice Breyer warned in his dissent in College Savings Bank v. Florida Prepaid Post-secondary Education Expense Board. States are important players in the administration of many environmental laws, as recipients of delegated federal regulatory authority. States also own, operate, and construct potentially polluting facilities, such as hazardous waste landfills, hospitals, prisons, airports, roads, and reservoirs that may violate federal law. Thus, they are often targets of citizen suits.

An examination of the effect of the Court's sovereign immunity jurisprudence on the private enforcement of environmental laws against states, therefore, is no mere academic exercise. In an atmosphere in which states are assuming a more central place in the administration of federal environmental laws and federal oversight of state performance is lessening, any initiative that insulates states from legal challenge takes on grave significance for environmentalists. If environmental plaintiffs cannot enforce federally mandated standards and programmatic requirements against the states that run these programs, history advises that the states may under-perform. Thus, a reinvigorated Eleventh Amendment applied to citizen suits brought to enforce federal environmental laws can as effectively undercut the impact of those laws as if Congress had amended them to achieve the same result.

This paper focuses upon the impact of the Court's Eleventh Amendment jurisprudence on citizen suits authorized under the Clean Water Act (CWA) because that law's cooperative federalism structure is typical of many other environmental laws and because citizens suits have historically played a critical role in its implementation. The Act's citizen suit provision (section 505), which specifically incorporates the Eleventh Amendment, has brought to bear on citizen suits the full force and effect of the Court's current state sovereign immunity jurisprudence. The prevailing wisdom is that that jurisprudence will not bar CWA citizen suits against states. The author shows that she is not persuaded for the reasons set out in this paper.

Today, we face the more difficult question of ascertaining the constitutionality of “affirmative action” or “benign discrimination” programs. The Supreme Court first addressed this issue in 1978 in the landmark case Regents of the University of California v. Bakke. In a confusing set of six opinions, four Justices concluded that the program was constitutional, while four others held that it violated federal law. Justice Powell alone stated that the consideration of race was not necessarily unconstitutional, but that the use of quotas was. As a result, with Justice Powell’s vote controlling, there were five Justices who said race could be considered in school admissions, but also five Justices who struck down the particular program at issue.

In 2003, the Supreme Court had the opportunity to tell us more in the cases challenging the University of Michigan’s affirmative action programs. But before discussing the Michigan cases, the author sets the stage by giving the views of the man who brought us Brown v. Board of Education, Thurgood Marshall.

Justice Marshall started with the premise that the ultimate goal for our country is to be a “colorblind” society in which race is irrelevant. However, Marshall pointed out that this commonly accepted goal has led to two very different conclusions. Some people conclude that, because what is ultimately desired is a colorblind society, race-conscious remedies should not and cannot be used to eliminate the effects of past discrimination. Others, however, believe that the vestiges of racial bias in America are, in Marshall’s words, “so pernicious and difficult to remove that we must take advantage of all the remedial measures at our disposal.” Which of these conclusions one adopts, said Marshall, depends on how close one believes this country is to the desired colorblind society.

In more recent years, Tin City includes more than 30 shops, 2 waterfront restaurants, and access to the water for the general public.

I find dance to be an overwhelmingly personal, spiritual, and meditative art form. It can be an incredible outlet for individual expression granting the mind and body freedom in perhaps its most essential state. Yet simultaneously, dance as it exists in today’s society can be surprisingly oppressive. The most obvious example of this lies in the drill team or cheerleading dance aesthetic where individual expression is nearly forbidden. The image of the group must be upheld at all costs and is done so through a very strict and limited movement vocabulary. Here we start to see how contradictory dance can be; it is introspective yet communicative, both thoughtful and performative.

My project is meant to explore the complicated and often contrary place of dance in the modern world. I chose to use American and North Korean culture as a platform for this discussion. Both the United States and North Korea are obsessively devoted to pop culture icons. While this devotion is both theatrical and over-the-top, it is often extremely serious and even religious. The love for their respective deities exists in the same confusing place that dance lives in: intensely personal and oddly performative. This is evidenced in the footage of the North Koreans mourning the death of Kim Il-sung and in video of American mourners grieving the death of Michael Jackson. In both cases there is truth and reality in their emotions and yet I can't help but also see a performative quality or affectedness in their grief.

Americans and North Koreans also share a veneration for those who are able to move well and with dexterity. In my project the American example of this idea is featured in clips of Michael Jackson. The "King of Pop" was recognized at a young age for his amazing ability to dance and eventually became famous for such moves as the "moon walk" and the "robot." North Koreans also share a respect for skillful dancers as seen in the epic dance and gymnastic spectacles that make up their Mass Games. Thousands of young North Korean children train and rehearse for months in order to perfect the movements. All of this training is done in order to please the Great Leader (Kim Il-sung) and prove true loyalty to communism. In both instances the body acts as a signifier though in decidedly different contexts. The transmission of meaning through dance and the body is partially contingent on these contexts and when juxtaposed an intriguing tension is built.

In terms of movement specifically it’s interesting how dance can in some ways define us as humans and our ability to move fluidly, making quick personal choices through improvisation while in other ways it can strip us of our individualism through the generalizing aesthetic of popular culture. There is certainly an undeniable power to bodies moving in unison, but at times it seems this power is exploited. Movements within this context begin to appear militaristic. We see this most literally in the North Korean footage of their Mass Games, where performers are often dressed as soldiers, but it’s also apparent in American cheerleading routines as well. Individual bodies become lost to a greater image, a larger machine.

This tension between the individual expressive self and the massive group dynamic demonstrated within the dance aesthetic is reflected in the installation of my project. Each of the videos were made independently to exist on their own but when played side by side on several monitors the intent is to unlock meanings and call attention to images through comparison and juxtaposition. In the same way that several bodies moving together convey different messages than a single dancer might express so too are the videos meant to indicate other connotations through simultaneous play.

Both film-making and dance serve a self-reflective purpose in my life. DANCE UNTIL YOU DIE is meant to show the mirror-like qualities both art forms have to me as well as to our society as a whole.

Rachael Williams

April 2011

Bobby knows nothing about Brenda, he asks her where she is from, and she responds “Wisconsin”, a place she had to leave due to the death of her last boyfriend. Much of the information given about the characters is vague or false. Most of what Brenda says is part of her cover story. She pushes Bobby around, manipulating him into inviting her to the dance, so she can lure him back to her house for her 16th birthday cake. Brenda has chosen Bobby as the boy she will spend the rest of her demon life with, living happily together back in her dream world.

However, not everything goes according to Brenda’s plan. on the night of Brenda’s 16th birthday, just before Bobby is hers forever, Bobby manages to snap out of Brenda’s spell. He takes the cake knife and cuts off Brenda’s head. He head lands in the cake, where it lives on, singing “It’s my Party (and I’ll die if I Want to)”, while her body chases Bobby through an alternate dimension. Brenda’s body stabs Bobby, and continues to dance along to Brenda’s head’s tune. She doesn’t go down too easily.

Dream Lover is a video made by, and starring, me, Melissa Wynne. This piece is a personal exploration of the American Dream as it exists today in a YouTube world. Throughout the making of this movie, I jokingly told myself, “I’m gonna make me a star”. Brenda is a character who lives a life that I do not, and cannot. She looks like me, but lives without boundaries. She can seduce a boy with the flip of her hair, she sings like a siren, and has a license to kill. She goes from saccharine sweet to sour in an instant, and offers no apologies. I use Brenda as a venue to be a star. Brenda is a character that lives out my fantasies on screen. I consider stars like Justin Bieber and Katy Perry, who found fame by posting videos of themselves on YouTube. The idea that you can become famous by making yourself into some marketable character, and putting it on the internet, is incredibly fascinating. I don’t think of YouTube as the exclusive venue for my project, but know that parts of it are going to end up there. YouTube allows for a kind of unsurpassed self-indulgence. 12 year-old girls and 45 year-old men alike are posting video diaries about the most mundane bullshit imaginable, staring at themselves in the computer screen as they do it. I basically allowed myself to indulge in all of my worldly pleasures; mixing my love of 60’s pop music and 80’s slasher films, as well as fashion and glamor. I played the role of a high school sweet heart, a lead singer in a 60’s girl group, and last but most definitely not least, a bad ass demon bitch. Brenda is a survivor, and even though she loses her head in the final scene, she lives on. After all, I’m too pretty to die.

Among the most serious of the ills afflicting the Bay's water quality is nutrification. Nutrification, which lowers dissolved oxygen levels in the water, sets off positive feedback loops further eroding the Bay's health. This article brings to the fore a largely overlooked source of the Bay's nutrification problem: the practice of chumming. Chumming involves dumping a slurry of decomposed or decomposing baitfish, usually menhaden, over the side of a boat to attract highly-prized game species like striped bass. The practice is widely used by Maryland's recreational fishing industry, which is an important part of Maryland's economy.

Chum contributes to the Bay's serious nutrient enrichment problem by increasing biological oxygen demand, resulting in lower dissolved oxygen levels in the water. It also increases water turbidity and may be a source of bacterial disease in striped bass. The use of menhaden as baitfish is also contributing to the decline in populations of that critically important food and filter fish. Even though chumming adversely affects the Bay's water quality and threatens its biodiversity, neither the federal government nor Maryland currently regulates the practice. While Bay area regulators may believe that they have made an economically rational decision to attend to larger targets of opportunity such as nutrient discharges from sewage treatment plants and farm fields, the high cost and political flashpoints of addressing those large sources of nutrients have largely paralyzed legislators and regulators for nearly two decades. The result is that the Bay's nutrification problem is getting worse, and the bill for addressing the problem is getting bigger.

The reluctance of regulators to address small sources of environmental problems, or even small environmental problems, is not unusual and is what makes the chumming story relevant to those who live outside the Bay's watershed. The premise of this article is that the failure of regulators to regulate chumming originates through a misapprehension about how complex natural systems like estuaries behave and also in an over-dependence on economic analytical methodologies, like bioeconomics and cost-benefit analysis. Economic approaches measure success based on the amount of pollutants taken out of the waste stream and undervalue broader, more difficult-to-quantify improvements to the receiving environment. Because economic approaches depend on factors remaining stable, they are also singularly ill-suited to constantly changing natural systems. Precautionary principles are better suited to the preservation of biodiversity in these systems, where so much is scientifically uncertain and where the goal is to avoid irreversible and catastrophic consequences regardless of the economic sense in taking the precautionary steps. These same conclusions apply to other complex, evolving natural systems and other types of low volume, but ultimately highly detrimental environmental harms to them.

To assist in the development of this thesis, part I of the article presents background information on the Bay and the serious problem of nutrient enrichment. Part II introduces the reader to the practice of chumming and its contribution to the Bay's over-enrichment problems. Part III explores how the misguided reliance of regulators on choosing an economically rational target, usually the largest sources of environmental problems, misapprehends the capacity of smaller sources in complex natural systems like estuaries to cause potentially irreversible and catastrophic positive feedback loops. This misguided approach, in turn, may lead to loss of biodiversity. Part III also describes the precautionary principle, and how its application would direct regulators to prohibit the practice of chumming in the Bay.

At the Institute for Public Representation (IPR) at the Georgetown University Law Center, the author has learned that many kinds of environments, including the built environment, are worthy of protection because of their importance on a local, if not regional or national, level. She also has repeatedly encountered federal agencies that permit or fund activities that threaten these environments. In some cases, such as national parks or monuments, these agencies actually own or manage the threatened resource. Accordingly, the IPR has used NEPA as one of its basic tools to protect the urban environment.

This is not to say that the fit between NEPA and the urban environment is necessarily perfect. Quite the contrary, an urban environment can both test the effectiveness of NEPA and suggest ways in which the Act might be improved. For example, relevant case law demonstrates that finding a sufficiently large federal handle to warrant the application of NEPA to urban land use decisions can be challenging. Despite this federal-presence challenge and other flaws, NEPA adds unique analytical tools to the web of federal laws protecting the urban landscape. These tools are particularly suited to addressing two problems that are plaguing metropolitan areas today: loss of neighborhood viability leading to urban blight and white flight, and the phenomenon of urban sprawl.

The first tool is NEPA’s mandate that federal agencies consider their proposed actions impact on social and cultural resources. This requirement can be used to help assess the extent to which federal projects may lessen the diversity and sustainability of urban neighborhoods by adversely affecting their “social capital,” that complex web of interlocking and mutually supportive networks of social and economic relationships that binds communities together.

The second tool compels proponents of federally authorized or funded projects to consider their proposed actions’ indirect and cumulative impacts. This requirement offers a mechanism for addressing problems raised by urban sprawl. The effectiveness of both of these tools may be limited when an urban land use change appears too small to trigger NEPA’s applicability or seemingly will have only a minor impact on the physical environment. Overcoming these challenges is the focus of this article.

In responding to these challenges, this article first takes a brief look at cities, their positive and negative features, and the importance of vibrant, healthy neighborhoods to good quality urban life. Part I also discusses the phenomenon of urban sprawl and its environmental impacts. Part II examines how government decisions that negatively affect seemingly isolated, small uses of urban land, such as a corner bodega, can ripple out into the greater metropolitan area and lead to economic blight, white flight, and urban sprawl. In addition, part II introduces the concept of social capital and explains why it is a central component of healthy neighborhoods, especially for those that are less financially secure.

Part III turns to NEPA and looks at the statute’s use in the urban environment. This part identifies particular features of NEPA that give city residents, particularly those who live in less financially stable areas, unique tools to resist non-desirable changes to their neighborhoods. The last part of the article shows how the principles of conservation biology and social capital can be combined to translate principally socio-economic impacts from isolated land use changes into large-scale physical impacts. The final part then demonstrates how these physical consequences can be sufficiently magnified to warrant the preparation of an environmental impact statement (EIS). In case this rationale should fail, the article explores informal means of communicating with agencies during the preparation of an environmental assessment (EA) that offer communities another way of influencing neighborhood land use decisions.

This article's working premise is that unless the current governance structure for the management of public lands changes, the political conflicts over their use and management will continue to blight their future, just as it has marred their past. Further, failing to adapt the management of public lands to our changing perceptions about the nature and needs of the biological and social communities that depend upon them will only engender a new generation of conflicts and further diminish the vitality of those communities. Nowhere are these conflicts more intense and the risks and consequences of failure higher than on the "public domain" lands; those lands managed by the Bureau of Land Management (BLM) under the authority of the Federal Land Policy & Management Act (FLPMA).

The purpose of this article is to determine whether there are alternatives models of federalism, which might improve the management of public domain lands. None of the models discussed here, however, proposes complete rescission of federal authority over public lands; rather they offer an enhanced role for states in the federal decision-making process. A continuing federal presence is assumed to be necessary to prevent inter-state distribution inequities from arising or economic discrimination from occurring. Only the federal government can correct market failures when they occur and uniformly protect national norms, such as our natural heritage. And even if the Western states are becoming more supportive of these norms as some assert, serious questions would remain about the ability of those states to take on sole responsibility for management of these lands without an infusion of new funds.

The article examines three models of governance ("dual regulation," "collaborative management," and "layered federalism") found in other areas of environmental law to determine whether their application to public domain lands might lessen the federalism tensions inherent in the current model and enhance the land manager's ability to make decisions that are both ecologically sound and reflect the new voices populating these lands. Achieving rational ecosystem management and a more democratic mode of decision-making may be of greater importance than attaining non-fractious governance. Intergovernmental friction may be a necessary, unavoidable, even welcome byproduct of our "compound republic" form of government; a transaction costs of a federal structure that relies on overlapping and sometimes conflicting jurisdictions of governance to safeguard those liberties not protected by the explicit constitutional guarantees. No such benefit accrues from the other two problems.

The structure of the article is straightforward. Part II examines the current federalism model on public domain lands and concludes, despite some of its virtues, the model has caused inter-governmental friction and created barriers to rational ecosystem management and community-based participation in the decision-making process. Part III describes and then critiques each of the alternative federalism designs against the same three criteria. The article concludes by suggesting which, if any of the models holds the greatest promise for resolving the problems besetting public lands management. While the author recognizes that these problems may be too complex, diverse and endogenous to the public lands experience or a specific geographic area to enable a "single size fits all solution," she hopes that the analytical exercise of examining these models may enrich the storehouse of ideas we draw from in the search for solutions.

This essay is the author's third attempt at unraveling the problem of irresponsible individual environmental behavior and at suggesting possible ways to reform how people behave toward the environment. The first article proposed expanding the abstract environmental protection norm to include individual environmental responsibility as the approach most likely to overcome barriers to behavioral change. The article recommended enlisting environmental groups as the most effective "norm entrepreneurs" to achieve widespread change in personal environmental conduct. In that piece, she concluded that the best way to change norms and thus change behavior was through education, but additional measures might be necessary.

The second article expanded on the earlier discussion of norms and their influence on behavior, and why changing norms, though difficult, is more effective than other means of inciting behavioral change. However, given the difficulty inherent in creating or changing norms, the second article also identified and evaluated other norm and behavior-changing tactics, such as shaming, public education, and market-based incentives, which might supplement norms as a means of changing behavior. The article concluded that no one approach alone is sufficient to secure both norm and behavior change, but a combination of any or all of them when properly tailored to the source and nature of the harm and when accompanied by public education can lead to both norm and behavioral changes.

Thus, both articles concluded that public education plays a critical role in any effort to alter public behavior through changing norms. This essay examines how republican theory supports that conclusion and provides the theoretical framework within which norm change can occur.

All three pieces start with the premise that the current crisis over global climate change has created the circumstances in which norm change can occur--circumstances that collectively have created what the author calls a second environmental republican moment. This second republican moment, like the first one in the 1970s, might result in widespread public support for a variety of environmentally protective legislative and regulatory initiatives and offers a rare, albeit brief, opportunity in which to educate the public about its contribution to environmental harm. This essay develops the republican aspect of that thought further, demonstrating how the overlapping strands of republican thought and norm development support the creation of a new norm of personal environmental responsibility. The essay also shows how, during republican moments, the public is more amenable to being educated about civic matters, including their responsibilities as environmental citizens. It is particularly during republican moments that people acquire information that may influence their "expressed preferences," lending a sense of urgency to the present moment we find ourselves in.

This essay begins by discussing the concept of an environmental republican moment, and why the public's response to the crisis of global climate change appears to be such a moment. The essay then identifies the key features of republican theory and shows how those features replicate many of the elements necessary for norm and behavioral change. The essay concludes by showing how republicanism--with its emphasis on public education, civic involvement, and achieving the common good through civic virtue--provides a useful construct for thinking about how to make people behave in more environmentally responsible ways.

Professor Huffinan's critical assessment of the alleged mythological history of the public trust doctrine is beside the point. Indeed, as he suggests, he is "tilting at windmills in trying to set the story straight." The story he criticizes has become a "fact" in the minds of judges who use it to justify a particular application of the doctrine. Retelling the story to prevent future applications of the doctrine could destabilize property law, which has embraced the doctrine for centuries. Even if the doctrine is a myth invented by legal scholars and judges, the legal fiction doctrine, which Professor Huffman's argument implicates, justifies it. Indeed, this essay argues that the public trust doctrine is a good legal fiction because it enables new uses of the doctrine to perform a gap-filling function in the absence of positive law and, therefore, that it deserves to continue unchallenged.

Because much has been written on the topic of the public trust doctrine, part II of the essay very briefly describes the doctrine's origins, its major features, and its most common uses. Part III sets out Professor Huffman's critique of the doctrine's origins and poses as a rejoinder the legal fiction doctrine, which justifies the use of fictions in similar situations. Part IV of the essay looks specifically at the Exclusive Economic Zone (EEZ), where numbers of wild fish are in a free fall because there is no coherent, comprehensive program to regulate activities in the area. This part of the essay also discusses the phenomenon of a regulatory commons, which, according to Professor William Buzbee, arises when there is not "a matching political-legal regime," leaving the underlying social ill unattended. The essay suggests that the public trust doctrine can fill the regulatory gap on the EEZ by offering an interim management regime with protective normative standards and other management tools, and thus end the stasis created by the regulatory commons that has left the EEZ's resources unprotected. By highlighting the underlying social ill, application of the doctrine may actually encourage the enactment of positive law that can displace the stop gap common law regime and bring more regulatory certainty and uniformity to the area.

The essay closes by asserting that, for these reasons, the public trust doctrine is a good legal fiction. Not only is the doctrine doing no harm, but its potential expansion could fill gaps in positive law and offer much needed protection for vulnerable resources of communal value. Therefore, Professor Huffman's cavil against further expansion of the doctrine because of its "mythic" origins deserves no more attention than it has been given here.

The second was a complaint filed by a consortium of regional environmental organizations, Chesapeake Bay Foundation, Inc., and individuals against the Environmental Protection Agency (EPA) for failing to achieve the goals of the Chesapeake Bay Agreements. EPA is one of five signatories to the Agreements, which contains a variety of goals, deadlines, and recommended actions, and which has failed miserably to halt the Chesapeake Bay’s decline. This complaint led to a reflection on work done in the clinic several years ago, where bringing a lawsuit on behalf of a commercial fisherman challenging the practice of chumming on the Bay was thought about long and hard. Chumming involves depositing a slurry of decomposed fish parts, usually menhaden, over the side of a fishing boat to attract game fish like striped bass. While chumming contributes to the Bay’s nutrification, by itself it has little discernible impact on the Bay’s overall health given the much larger sources of nutrients like sewage treatment plants, runoff from farm fields, and confined animal feeding operations. Ultimately it was determined, in part on standing grounds, that such a lawsuit could not succeed.

The last event was a recent conversation with a retired Washington attorney about his decision to start a new organization that would supply pro bono assistance to property owners concerned about relatively discrete, highly localized harms to the Bay such as leaking septic systems or permit violations by industrial dischargers. Collectively, these separate events congealed into a somewhat amorphous concern about the extent to which the Supreme Court’s standing jurisprudence and its insistence on a showing of a particularized injury-in-fact are ill-suited to the types of broad-based, generalized harms from which complex, constantly changing ecosystems suffer.

To accomplish this, the article synthesizes the previous articles into an assumption about the critical role of norms in changing personal behavior and tests that assumption by exploring how to make individuals more responsible consumers of electricity and adhere to the concrete norm of energy conservation by swapping out their incandescent light bulbs for compact fluorescent lights (“CFLs”). The agreed upon goal behind energy conservation is to reduce the country’s reliance on fossil fuel-based energy production, thus reducing the emission of harmful airborne pollutants and greenhouse gases as well as the related environmental harms associated with coal production. One way to reduce residential energy consumption is to persuade individuals to switch to CFLs. Up to ninety percent of energy produced by incandescent bulbs is lost as heat; switching to CFLs is one way to prevent this energy loss.

The phenomenon of individuals as irresponsible environmental actors seems counterintuitive when polls show that people consistently rate protecting the environment among their highest priorities, contribute to environmental causes, and are willing to pay more to protect environmental resources.

This article is the author's second effort at understanding why people who consider themselves to be “environmentalists” or support environmental causes behave in environmentally destructive ways, and what, if anything, can be done to change that behavior. The first article endorsed expansion of the abstract environmental protection norm to include individual environmental responsibility and concluded that doing this is the most promising approach to overcoming barriers to behavioral change. That article also identified environmental groups as the most effective “norm entrepreneurs” that can bring about widespread change in personal environmental conduct through carefully tailored information campaigns. This article expands on the earlier article’s discussion of the role norms play in influencing personal behavior and why changing them is a critical part of any campaign to make individuals more environmentally responsible.

The best way to change norms is through education, as the first article acknowledged, but supplemental measures may be necessary. This article identifies what those additional measures might be and assesses their effectiveness. A third article will explore how republican theory supports the critical role that education performs in altering public behavior through changing norms. All three articles rest on the premise that the global climate change crisis has created circumstances in which norm change can take place, namely the occurrence of a second environmental republican moment, in which people are open to being educated about their civic responsibilities, including those pertaining to the environment.

To develop these ideas, section II provides background information about individual contributions to environmental problems. Section III discusses various barriers to changing personal environmental behavior, such as the role federal laws play in perpetuating the myth that only industry is responsible for environmental harm. That section also explores certain cognitive heuristics that influence how people process information and personal barriers to changing behavior such as habits, inconvenience, cost, unavailability of alternatives, and self-interest. The role of norms in influencing behavior and how norms are formed and changed are examined in section IV. Next, section V investigates how a new norm of environmental responsibility might arise and displace competing norms. However, that section recognizes that the development of a new norm may not be an easy task because of some of the same barriers identified in section III. In section VI, acknowledging that neither norms nor the happenstance of an environmental republican moment will inexorably lead to changes in personal behavior, various norm and behavior-changing tools, such as public education, shaming and other sanctions, and market-based incentives are identified. Section VI examines the inherent strengths and weaknesses of these tools, as well as particular problems with their application to individual behavior. Section VII concludes that no single approach will work, but a combination of any or all of the above, depending on the source and nature of the problem, is called for. However, any combination of tools must include public education if a permanent new environmental norm is to emerge and change individual behavior in the long term.

In support of that thesis, this article briefly discusses the origin of the modern concept of diminished tribal sovereignty in Marshall’s Indian Law Trilogy. This discussion points out the dissonance between the fictions Marshall propounded in support of that concept and the actual record he should have considered in reaching his decisions. The article then turns to the legal fiction doctrine and briefly identifies the traditional functions it performs as well as the doctrine’s hidden dangers. This part of the article shows how Marshall used legal fictions in his Trilogy and speculates about why he used them. The third part of the article describes the harm that Marshall’s use of the legal fiction doctrine has done to the cause of tribal sovereignty and Indians in general. Based on their pernicious effect, the article concludes that Marshall’s fictions are “bad” legal fictions that should, and can, be expunged from federal Indian jurisprudence; their momentary usefulness, long outlived.

This article seeks to answer those questions, and concludes that clinics, like environmental organizations, function in an environment that is exceptionally hostile to the types of clients they represent and the cases they bring. This means that the claims environmental clinics file, like those filed by the national groups, will be met with a barrage of opposing filings based on a number of jurisdictional and other challenges enabled by the U.S. Supreme Court’s anti-public interest jurisprudence. Unlike the well-funded, publicly visible, and widely supported national organizations, environmental clinics are more vulnerable to less conspicuous attacks brought directly by the economic interests they challenge and their political supporters. Perhaps clinics unwittingly invite these attacks that in turn weaken their ability to function in this already hostile environment. The combination of the two can create a perfect storm for environmental clinics.

Even more curious is the role that lawyers play in attacks on clinics and the bullying techniques they use to discourage clinic-initiated litigation. There is something about students that brings the bully out in those who face them across the table that goes beyond the usual reasons given for these attacks—namely, that environmental clinics empower people who are otherwise without power to confront those who disregard their interest, that they are successful, and that they have enormous staying power and endless student enthusiasm. This behavior, although part of the general incivility problem afflicting the legal profession, is something more, and has to do with the nature of today’s lawyers and the context in which they learned how to be lawyers and practice law. Although many articles have been written about attacks on environmental clinics, none has identified this second reason—the milieu in which lawyers are educated and trained—and placed it in the broader context of judicial hostility toward environmental claims brought against established economic interests.

This article lays the groundwork for these conclusions by first briefly discussing the origins of clinics and clinical pedagogy in general. Then it describes the various attacks on the clinics, some consequences of those attacks, and how certain responses to those attacks run afoul of basic ethical precepts as well as notions of academic freedom. The third part of the article, after briefly listing some of the conventional reasons for these attacks, focuses on a less conventional one—namely, that they are fueled by the asocial behavior of lawyers who are in the vanguard of many of these attacks. It shows how such behavior is akin to that of a schoolyard bully who, in sensing a weaker opponent, acts out in ways that have been fodder for psychological literature. This part of the article also describes the various barriers the Court has erected that make it difficult for public interest litigants, particularly poorly funded and understaffed environmental clinics, to prosecute legal claims representing individuals who threaten the economic and political status quo. The article concludes that the more conventional explanation for the attacks against clinics are incomplete because they neither explain the persistence of the attacks nor show how the combination of intimidation and hostile judicial doctrine make it extremely difficult for environmental clinics to do their job.

Of all the old things I collect, my collection of 16mm film prints are by far the most precious to me. I have been collecting them since the age of fifteen. From newsreels to cartoons; to features, travelogues, and home movies—I have a varied, self-facilitated archive of over fifty films dating from the 1920’s to the 1970’s. My Senior Project, The Art of Mugging, started with this archive.

I had no qualms about using the footage from my collection. A lot of it was in extremely poor condition when I received it—among the worst affected were the home movies. The footage I used for The Art of Mugging was riddled with torn sprocket holes and faulty splices; and was slowly warping due to Vinegar Syndrome—a virus that attacks the chemical compounds in film stock. I wanted to do something with the footage before it became completely unwatchable. I was saddened by the prospect of losing them.

Home movies are extremely fun to watch. Even though I had no idea who made these movies or who appeared in them, I got hours of enjoyment watching the unnamed figures mug for the camera. I was the most attracted to these funny, loving, and sometimes awkward moments. Something so wonderful and weird happens in home movies. The amateur-filmmaker films what they find interesting. The result often comes out like a moving portrait.

Isolating these precious, portrait-like shots within the home movies in my collection, I set out to create something simple and beautiful. Inspired by the duration and style of the earliest moving pictures—which like home movies, were often experimental and documentary in their subject matter—I created sixteen, 16mm portraits.

The movies that comprise The Art of Mugging, are not only movies—they are paintings, collages, artifacts, and oddities. Film is beautiful to me because of its physicality. I left in imperfections, like scratches, lint, and dirt which age the film nicely. Manipulating each scene, frame-by-frame, by slathering a cocktail of fast-drying top coat, ink, bleach, toluene, and finger print grease, each film becomes twenty-four paintings per second. All of these alterations made the film strip itself even more physical and wonderful to touch. Each movie was optically printed and digitally edited, allowing me even more ways to add my love to films that were originally made with so much love.

Each movie in The Art of Mugging was designed to work as a standalone piece within a larger collection. I wanted to start a project that I could keep adding to. I also liked the idea of having a collection of little movies that viewers could watch (and re-watch) in a variety of different orders. Most of all, I wanted to make pieces that were delightful for the sake of being delightful. But, delightful and fun as they may be, they also bring up other deeper feelings and thoughts on love, sentimentality, relationships, domesticity, and even death.

The films contained within The Art of Mugging are little oddities that exist within a particular moment in time where they will forever remain to bring comfort and a smile for those who watch them.

It isn't physically possible for me to have a child. I'm gay. I don't want to have children. I don't think I will ever be able to financially support a child the way it deserves to be taken care of. My mother is dead. We have a history of mental illness in my family. I have bad genes. I don't think I would make a good mother; I'm too selfish. I'm the oldest living woman in my family. Who do I look to for advice?

Motherhood, pregnancy, and birth function together as major points of female experience, for some. Experiencing a connection to a life inside of you, be it fleeting or sustained can profoundly affect an individual in seemingly inexpressible ways. For some women senses and internal rhythms fall into place, creating bodily harmonies they never could have conceived of. Others find themselves at war, struggling to stay on an even keel, confronted constantly with new sensitivities and obstacles. Some even pass through a great deal of it relatively unscathed and unchanged, but most experience at one point or another all of these expressions of pregnancy. In the first trimester, the connection between mother and child seems almost hallucinatory, with the woman conjuring feelings for a fetus just starting to gestate, mentally forging a state of maternity out of the knowledge of this truth about her body.

The symptoms that tip a woman off to the truth about her body, the cessation of her period/an overly long period, bloating, changes in her breasts, fatigue, and nausea, are all symptoms that can also express themselves in hysterical pregnancies as well. Hysterical pregnancy is the manifestation in a woman of a belief that she is pregnant accompanied by the symptoms of pregnancy, but the woman does not have an actual fetus inside of her. Some very rare cases persist all the way through the nine months culminating in a hysterical birth. It is possible for these women to experience a first trimester the same way women who are actually pregnant do, even forming the early bond of maternity with their imaginary child.

My desire not to have children, does to preclude me from wanting to explore the female experiences of motherhood, pregnancy, and birth. The desire to explore maternity, searching for how it might change me, open me up to seeing in new ways, and finding a way to express the meaning I hoped to find within it, pushed me to seek access through the blurring of truth and delusion in the first trimester. I set out on a nine month performance of non-biological pregnancy hoping ti would help me shape my own connection with maternity. Following in the footsteps of hysterical pregnancy, I was pregnant for nine months. I lived healthily, worried about our future and stability, informed my family and friends, took care of myself, walked slowly and with great deliberation on icy days, experienced total 180 mood swings, and thought a lot about the future and the past. At the same time, I couldn't pee positive, didn't look pregnant without a false belly on to anyone but myself, kept getting my period erratically, didn't experience quickening until much later than it should have come, lost confidence in myself, and struggled with the dichotomy I experienced between my body and my mind.

I found myself drawn to the friction between analog and digital video technologies over the nine months. Something in the frenetic glitches I was making within unstable analog to digital conversions reminded me of how my pregnancy was being shaped by the clash of my mental and physical states. I amassed children's videos and instructional pregnancy VHS ranging from pregnancy massage to preparing your car safely for your upcoming newborn, along with home movies of my childhood and my mother's pregnancy with my sister, while shooting my own home videos as well, with the help of my friends.

My video installation, Maternity, springs from and serves as a reconstitution of the nine month performance, the play and experimentation with creating glitches through degradation and manipulation between analog and digital systems, and the amassing of media and images that were part of the conception of maternity I was forging in myself.

“Portiragnes” is a portrait of a small working-class town in the south of France where I spent a month every summer for fifteen years. It was shot over the summer and winter, 2010-11.

“North South” is a travel log of a two-month cross-country trip I took in the summer of 2009.

To develop this idea, the first part of the article very briefly discusses the regulatory problems, including the ineffectiveness of federal enforcement, that have, to some extent, spurred a turn towards corporate self-regulation and the emergence of the concept of CSR. The second part of the article looks more closely at corporate culture and asks what about it makes businesses seemingly indifferent to being seen as "good environmental citizens." One thing that emerges from this discussion is that shame and compliance sanctions levied against the corporations are imperfect motivators when it comes to overcoming the institutional pressure on firms to make a profit for their shareholders.

The third part of the article discusses the CSR movement more broadly, its origins and the likelihood that it is not disappearing any time soon; while the fourth part discusses some of the potential benefits of CSR programs to corporations and society as a whole, including their latent capacity to change corporate attitudes towards the environment. The fifth part of the article turns to three examples of voluntary CSR programs: information disclosure programs; voluntary performance standards; and environmental management systems (EMSs). Studies show that these programs have been largely ineffective, creating the perception that firms undertake them principally for public relations purposes and not to achieve any real change in corporate behavior let alone social benefit. This part examines three principle problems with these programs; specifically, the absence of any internal or external monitoring of their effectiveness, their lack of public transparency, and the absence of sanctions or other consequences for businesses or their employees who promise to undertake a CSR initiative and then fail to do so or only support the initiative in a half-hearted way. However, given the problems with regulatory programs set out in part I, properly designed and enforceable CSR programs that function as supplements to existing regulatory programs may be the best way to change corporate culture because they work within, not outside, the corporation.

The sixth part of the article reviews possible design changes that might be made in these initiatives to overcome the flaws identified in part V; however, as this part shows, it is unlikely that businesses, without being ordered, will change their CSR programs because of the attendant costs. Accordingly, the final part of the article discusses the importance of litigation as a means to improve the design of CSR programs and compel their implementation. Two types of lawsuits are discussed: one, the typical citizen enforcement suit, which presumes the inclusion of the company's CSR initiative into its regulatory permit when undertaken to gain the benefits of some Environmental Protection Agency (EPA) CSR program; the other, a suit brought in state court employing contract principles. Neither approach is without problems. Yet, both offer the opportunity for real reform. Indeed the mere threat of such lawsuits can induce companies to change their behavior to avoid the costs of defending against them and the unwanted publicity; once filed, there is a possibility of settlement, where structural changes can be made to the business' operation to include a more robust CSR program.

Front row l-r: Curtis Bullock, President Adam Herbert.

August 3, 1994

For my project, I made an installation that is a construction of a house-- a fictional house in which a fictional family resides. There are four elements that I employed in the piece: photography, sculpture, video, and sound. The photos serve to portray the family that lives in the house, remnants of them, glimpses into their life so you get a sense of character, despite their absence. These photos are meant to allude to the role of photography in a domestic “non-art” space by charging the space with emotional content. The sculptural element is to give a sense of space, and to introduce familiar household architecture. Video's will be employed to give glimpses of reality: eggs cooking, a fire burning--elements of home life that can only be experienced through the use of time. The audio component will be installed but hidden speakers throughout the "house" that have familiar house sounds, dishes being washed, music being listened to from a room upstairs, etc. All four of these elements serve to transform the space that the viewer enters, in hopes of reminding them of their families, and their houses and homes as compared to the archetype I have constructed.

63 Mulberry Way is an entire fictional address; it is a house that resides on no particular street in no particular town, because it is on every street in every town. As I embark upon my “adult” life upon graduation, constructing my own home is an issue more pertinent than ever. This installation is a culmination of everything I’ve learned from my family, from TV, and from the world around my about how a happy home is to be constructed…a failed attempt some might say.

Artist’s Statement

Senior Project Title: Look/See

April 27th, 2011

When on my way to sleep early in my life, I would stare at the white ceiling above my bed and pick out faces created from the creases in the paint. After many nights of staring I developed a habit of seeing the same faces over and over again. It became hard to see anything new in the ceiling, the forms traced in my mind were less free and more automatic; there, again, was profile of the same man with the long nose and extended brow as the night before etc. When attempting to alter the familiar faces I was dissatisfied with my new creations and quickly disregarded them for what now seemed like the instinctual forms. These faces were so obvious to me that I even found it odd when no one else could see what I was talking about in pointing out the faces. This same sort of looking game is played frequently with clouds. People seem to naturally create associations from abstract forms found in everyday life, and this seeing process is subjective and behaves differently in everyone’s mind. This sort of gaze is similar to the way in which a viewer first confronts an abstract work of art. The initial sight is like a choice of what the mind will make of the piece, and only further observation can alter this primary sentiment. The pieces in the collection “Look/See” are intended to serve foremost as objects of free association and meditation. No references within the work are directly intended, the mind is left free to categorize and think. The way I have manipulated the surface with paint and fabric should trap the eye within the painting.

On a material level, over the past year I have been working on my way of relating to art making. I wanted to develop a new form of mark making and remove evidence of my hand more from the final pieces. I accomplished this by using sewing to create line and using fabric to create planes of color and texture. Subtle shifts in color have become much more important to me, so I sewed large pieces of color on the back of the of some of the paintings as a substitute for washes. My interest in fabric stemmed from its complicated history and beauty as a material on and off the canvas.

It is not difficult for me to imagine that everyone sees something different when looking at a piece of abstract art. In this way the works exists on two planes; the piece has a physical existence in the world and metaphysical existence (an emotional reaction) in the brain. For me the work symbolizes this process in two steps; the first glance one recognizes the piece as an abstract painting, and in the second closer glance, one sees that some of the paint is actually fabric, and the illusion is undone. In this way the pieces hopefully trip up that instinct reaction in order to gain a deeper level of insight from one’s own eye in the painting.

There is a difference between looking and seeing. One either sees and understands the intention of the artist, sees it for what it is on its own, or disregards it, looking but seeing nothing and probably walking away. Art often exists in the world and as a debate in our minds. Sometimes art is instinctually appreciated at first glance and sometimes it grows into liking. I hope I have created work that people find accessible, relatable, and worthy of contemplation, and I hope others may find something of themselves in the work.

I will demonstrate my work with singers, movies, trios, and large ensembles. I am young and would be be disillusioned with my studies if i claimed to have a complete and confident artist's statement. These four years have aced as a time to gain the tools and skills necessary shape a clear and useful artist's statement during the years to come.

It is my goal to work with as many people as possible. Music is (for the most part) a social activity; practicing musicians play with other practicing musicians. It is easy to be isolated when living the lifestyle of an artist. Often, art is confined to a complete and cut off head world. While this is certainly an important aspect of creating, it is only one half of the whole. The other half is the social side of creating. This social side of creating is important for me. It is often other people that create excitement and energy for me. My senior project (particularly this last concert) has enabled me to create a balance between isolation and inclusion. I isolate myself in anticipation of including others.

This last concert demonstrates my commitment to collaboration. In preparation for this concert I worked with singers, dancers, sculptors, film makers, actors, performance artists, and many varieties of musicians.

Producing the film almost entirely by myself, with little to no budget, my goal was to make the piece seem as internal as possible—setting my characters against empty backgrounds, and remaining close where another film maker might have used a wider, more expansive shot. Though the film was about the relation of the characters to the space, the internal nature of the decisions being made led me to the aesthetic choice to keep the shots closer in. There are wider establishing shots used to convey the isolation of the main character, but these are almost exclusively used in the present tense sections where the character is reflecting on his past. This coupled with the use of warmer colors during the flashbacks juxtaposed with cooler colors during the present tense scenes leads the viewer to understand the warmth that Colin is leaving behind, as it becomes more apparent to him as he leaves the only home he’s known.

Cova de sa Guitarreta and Cova de ses Rates Pinyades were confirmed to be two outstanding cavities with respect to their mineralogy, both hosting eight true cave minerals. Their phosphate association is diverse and interesting.

Unlike other documented occurrences of foggite and churchite-(Y), in Cioclovina Cave, the occurrence of these minerals are related to a process that phosphatized subjacent limestone and various cave sediments (sand, clay, and limy mud) to form a complex phosphate assemblage. The minerals are presumably derived from phosphate-rich solutions that reacted with clay earth while moving downward through the sediments. Foggite was formed at the expense of the originally precipitated crandallite. Locally concentrated yttrium, REE, and dissolved phosphate are probably responsible for the precipitation of churchite-(Y).

The lag time of over two months and the lack of any relationship between rainfall amount and the increase in drip rate indicate a dominance of matrix flow relative to fracture/conduit flow at each site. The long residence time of the vadose seepage waters allows for an effective isotopic homogenisation of individual and seasonal rainfall events. We find no correlation between rainfall and drip water δ18O at any site. The isotopic composition of drip water in both caves consistently tends to resemble the amount-weighted monthly mean rainfall input. This implies that the δ18O of speleothems from these two caves in Florida cannot record seasonal cycle in rainfall δ18O, but are suitable for paleoclimate reconstructions at inter-annual time scales.

The vibrational data of naturalberlinite relates to its crystallography, and along with the spectra–structure correlation, confirmed an almost ideal naturalberlinite crystal.

The dominant personality types at McMaster University as determined by the 70 participants are: INFP, ENFJ, and ISTJ. In type preference it was found that 68% of the participants prefer the attitude of Introversion (I), 70% prefer the perceptive function of Intuition (N), 54.3% prefer the judging function of Thinking (T), and 61.4% prefer the orientation of Judging (J). The following personality preferences were found to be correlated with the CAVE’s explanatory dichotomies: Internal/External with Sensing (S) / Judging (J), Stable/Unstable with Extraversion (E) / Sensing, Global/Specific with Sensing/Thinking, and Controllable/Uncontrollable with Sensing.

Of the 630 submitted social media content, 68.4% of them were found describing positive events. It was found that 92.1% of the social media content contained an optimistic explanatory style. These findings strongly suggest that the majority of content written and uploaded on social media is positive and that personality type plays a minor role in content and explanations produced. It is concluded from these results that social media is an inherently positive medium for university students. The primary reason for this is believed to be a result of social media being an immensely public sphere forcing all individuals, regardless of personality type, to engage in higher levels of self-monitoring.

This research was conducted with a two-factor, factorial experiment. The experimental factors were construal level and small wins framing. Each of these factors had two levels, creating a 2x2 design with four treatment level combinations. A third study factor was environmental concern. Four other variables, goal difficulty, perceived organizational efficacy, gender and age, were included in the model as control variables. The dependent variable was goal commitment. Approximately 150 participants were recruited for the experiment and randomly assigned to one of the four fixed, treatment combinations. Hierarchical regression was used to estimate the factors’ main and interaction effects, as well as the significance of the control variables.

Neither of the two manipulated variables, construal level and small wins, was found to have a significant main effect on goal commitment. There were, however, significant interactions between environmental concern and construal level, and between environmental concern and small wins framing, on goal commitment. At high levels of environmental concern, the effects of construal level and small wins were as hypothesized, but at low levels of environmental concern, the effects of construal level and small wins were opposite of what was expected. Additionally, both organizational efficacy and gender were found to significantly affect one’s goal commitment.

It is quite common that, for any two languages, there will be words that look or sound alike, but with different meanings. French words that look like English words but with different meanings in the two languages are called faux amis ("false friends"). In some cases they are from unrelated roots (e.g. French pain means "bread" and rue means "street". In other cases, words that began the same evolved different meanings. From its Latin roots, concurrence basically means "running along side of", which in English came to mean "agreement", but in French it means "competition."

In this article, I argue that both the orthodox and revisionist views neglect an alternative basis for a judicial role - the Treaty Clause, enforced through the dormant treaty power. The text, structure, and original understanding of the treaty power establish two important principles of continuing validity. First, the President was to have an independent and substantive authority to negotiate on behalf of the United States, the better to secure advantageous treaties and avoid perilous entanglements. Second, state interference with this negotiating authority, even prior to the conclusive adoption of a federal treaty or statute, was unlawful.

Treaty Clause exclusivity is best maintained by a judicially-enforced dormant treaty power barring the states from bargaining with foreign powers, including indirect bargaining through measures that are contingent on foreign government policies - such as the Massachusetts law targeting companies doing business with Burma. However, state activities that incidentally have effects overseas would not be precluded, and the jurisprudence must be informed by the original rationales for federal exclusivity and by the President's discretion to exempt state activities posing no threat to federal functions.

This thesis includes data collected from the testing of an interactive nutrition education curriculum, Food $ense Kids, that specifically targeted neophobia in 3 to 5-year-old children. It was implemented at two child care facilities using baseline and post-intervention surveys and included 51 participants. The curriculum was evaluated on its ability to engage children, be effective across multiple settings, and be easily implemented into a variety of preschool programs. The curriculum was also examined to determine its influence on food neophobia, food knowledge, and food preferences when implemented in its entirety.

Results indicate that the curriculum was engaging, equally effective across multiple settings, and easily implemented into a variety of programs. In addition, teachers were positive about the program and its effect on their students. Food knowledge increased significantly as a result of participation in the program at both facilities. Overall, no significant changes in neophobia or food preferences occurred as a result of participation in the curriculum. This lack of impact may be explained by not including multiple exposures to each food. Future application of the Food sense Kids curriculum could include selecting a smaller number of lessons from the overall curriculum to implement over time in order to include multiple exposures to each food, which may lead to beneficial effects on food neophobia and food preferences.

This study adapted a Supplemental Nutrition Assistance Program-Education (SNAP-Ed) curriculum to teach adults with intellectual or developmental disabilities living in group homes. SNAP-Ed is a government food assistance program targeted at providing basic nutrition education to low-income persons. The study’s objectives were to develop, implement, and evaluate the effectiveness of the adapted SNAP-Ed curriculum by measuring nutrition knowledge among group home managers and clients and managers’ intent for behavior change. Extension paraprofessionals taught the original SNAP-Ed lessons to group home managers and trained them on the adapted curriculum (n=33). The trained managers then taught the adapted SNAP-Ed lessons to their clients (n=83).

Results from the study showed both group home managers and adults with intellectual or developmental disabilities improved nutrition knowledge from pre to post tests. Group home managers reported intent to change behavior for 12 of 18 behaviors examined. The curriculum was seen to be adaptable to fit various needs of group homes in different teaching settings, learning levels, and interests for participants.

Overall, the adapted SNAP-Ed curriculum for managers and clients living in group homes appears to increase knowledge of nutrition and may improve food behavior. Increased nutritional knowledge among group home managers and adults with intellectual or developmental disabilities may help decrease risk of nutritional related diseases.

The study also compared student learning in those classes that participated only in the single event with classes that had additional water-related lessons and activities prior to and after the field day. I also examined how well variables such as teacher knowledge and attitude, socio-demographics and type of outdoor activities enjoyed by students were correlated with student knowledge and attitude.

Results demonstrated that short-term events, especially those that include additional classroom experiences, can result in knowledge gain and changes in attitudes in young children. Teacher knowledge and attitude were not correlated with student knowledge and attitude; however, school district and type of outdoor activities enjoyed by students were both good predictors of knowledge and attitude scores.

2011 Arrington Writing Award Winners

Book of Hours

Founder’s Day: 150 Years. “Democracy Enrolls at the College”

Common Literature Experience 2012: The Beast in the Garden

‘Forgotten Photographs of the Union Pacific Railroad’

Jack London Society coming to Logan

Spring: Library Academia

Private Artifact Collections Revisted: the Fourth Phase.....p. 1

1. Before initiating a new program

2. When effectiveness is hampered by interpersonal difficulties

3. When budget problems are hampering effectiveness

4. When in-house staff doesn't have time to do vital work

5. When a more objective viewpoint is is needed

How Do You Find the Right Consultant?

How Do You Ensure Maximum Benefit at Minimum Cost?

1. Before the initial phone call, define with care the problem to be addressed by the consultant

2. The initial phone call focuses on refining the definition of the problem(s) to be addressed and on identifying the information needed to develop a solution

3. The information is collected and used to develop the first draft of an action plan

4. The first-draft action plan is presented in a teleconference attended by all affected constituencies

5. The action plan is revised and implemented

5a. Follow-up

On-site Consultation

Before The Visit

The Visit

Summary

Conclusion

References

Table of Contents.....p. i
Editorial Notes.....p. iii
Small Watercraft Research Project Update.....p. 1
A Site History of 1927, 1919 Pickens Street.....p. 7
Wachesaw Archaeological Field Trip.....p. 13
Appendix I: Subject Index, Volumes 6-16, Notebook 1974-1984.....p. 17
Appendix II: Author Index, Volumes 6-16, Notebook 1974-1984.....p. 21

Narrative in Several Disciplines

Shifts in Ways of Knowing in the Social Sciences

Narrative Methods: A Personal Response

Narrative Methods in Adult Development Activities

Conclusion

References

Five Reasons for the Viability of the Teaching Portfolio

The Teaching Portfolio and the New Scholarship

Conclusion

References

Appendix A

Appendix B

What Theories Did We Start With?

What of the Future?

Conclusion

References

Theories of Attitude Change

Classical Conditioning Theory

Reinforcement (Behaviorist) Theory

Modelling Theory

Message Learning Theory

Balance Theory

Impression Management Theory

Cognitive Dissonance Theory

Self-Persuasion Theory

Probabilogical Theory

The Foot-in-the-Door Effect

Conclusion

References

Results

Descriptive Statistics

Teaching and Research

Morale

Inferential Statistics

Interest and Satisfaction in Research

Interest and Satisfaction in Teaching

Perceived Institutional Support for Teaching

Discussion

Conclusion

References

A Research University as a System

The Culture Audit

The University as a System

ITA Program Design

Orientation

Pre-term/Pre-teach

Concurrent

Curriculum Design

Program Implementation

Issues in ITA Assessment

ITA Tests

1. Pre-recorded Speaking Tests

2. Oral Interviews

3. Oral Communicative Performance Tests

4. Teaching Simulations

Models of ITA Assessment

Conclusion

References

Anxieties of Both Tenured and Untenured Faculty Working Together

Random Versus Focused Observation and Descriptive Versus Judgmental Observation

Underlying Value Systems That Propel Instruction

Factors That Contribute to Effective and Not-so-effective Teaching

Common Teaching Vocabulary

Observation Through Videotape and Microteaching Process

Microteaching Process

Classroom Observation Triads

Conclusions

Agenda for Peer Observation Training Groups

References

Appendix A

Tabs

Appendix B

This article considers the application and expansion of DNA powers in the youth justice system, and identifies the ‘competing paradigms’ at play. New Zealand and Scotland, often cited as having progressive and sensitive approaches to youth justice, are used to illustrate the tension between the perceived need for expanded powers of investigation and prosecution of crime and the rights and interests of young people.² Both jurisdictions are recognised for their established emphasis on diversionary and non-stigmatising processes in youth justice but more recently, are experiencing broader trends away from a rights-oriented paradigm towards a more populist and punitive model. This article examines the recent expansion of DNA powers in both countries which illustrates a comparable trajectory away from conventional youth justice precepts. It assesses the safeguards, if any, that have been introduced to mitigate this ‘ratcheting up’ of crime control, which is particularly problematic in the context of young people. In doing so, we draw on our respective work on DNA and human rights (Campbell, 2011; 2010a; 2010b; 2010c) and the rights of young people in the youth justice system (Lynch, 2007; 2008; 2010a; 2010b). Our analysis of legislative developments has a wider application as many jurisdictions have adopted elements of the New Zealand and Scottish approaches to youth justice, and can also contribute to a wider discussion about compliance with international standards for youth justice in the context of DNA collection and storage.

Connections in the Classroom

The Medicine Wheel in the Classroom

References

Appendix A

The situation

1. An action plan and its recommendations

2. The Educational Facilities Committee

3. The results: improved facilities and enhanced learning

4. What we have learned

Conclusion

References

Subjects

Interview Protocol

Data Analysis

Results

Workloads

Collegial Support

Teaching

Scholarly Writing

Discussion

Workloads

Collegial Support

Teaching

Scholarly Writing

Summary

References

This report is divided into four sections in a question-and-answer format: trade concepts; U.S. trade performance; formulation of U.S. trade policy; and trade and investment issues. Additional suggested readings are provided in an appendix.

Mission Statement

Contents

This dissertation will thus explore philosophical theologies that are proper both to the biblical faith and intellectual earnestness, that is, 居敬窮理 (geo (to live) kyeong (piety) kung (to acknowledge) li (reason)) in Eastern philosophy, which means distinctions but not separation between piety and intelligence, and that stand between classical theism and “orthodox” process theism. If there is no consistency among biblical, rational and existential descriptions of God, how can we establish philosophical theologies? Our theological task is to frame a new constructive theology whose primary aspect must synthesize both classical theism and process theology in the hermeneutical circle. For example, this new theism admits an infinitely qualitative difference between God and the world, as well as a really radical relation between God and the world. Aspects and domains do not encroach upon each other.

Tumourigenesis is a multistep process which includes the transformation of healthy cells into extremely malignant cells, caused by the disruption of normal tissue homeostasis. Hanahan and Weinberg propose that there are a common set of 'acquired capabilities' that most if not all cancers posses's in order to survive and proliferate despite changes in their normal cell physiology during cancer development (Hanahan and Weinberg, 2000). These "Hallmarks of Cancer", according to Hanahan and Weinberg, are the six essential physiological alterations which lead to malignant growth: self-sufficiency in growth signals, insensitivity to growth inhibitory signals, evasion of apoptosis, limitless replicative potential, sustained angiogenesis and tissue invasion and metastasis.

Evasion of apoptosis is a cleverly employed alteration by cancer to enhance their survival and proliferation. Most tumours have defective apoptotic machinery and for this reason therapies which are specifically targeted at promoting apoptosis are particularly effective in the treatment of cancer. This aspect of cancer biology will be the primary focus of this thesis.

Prostate cancer

It is estimated around 913,000 cases of prostate cancer were diagnosed worldwide in 2008. Of these, 338,000 cases were diagnosed in the EU with the highest incidence in Ireland (Ferlay et a/., 2008). Although there are several etiological factors (genetics, environment etc.) associated with prostate cancer, the most prominent risk factor is age with a rapid steep rise in incidences, more than any other cancer (Jemal eta/., 2003; Wang et a/., 2008).

There are several treatment options for prostate cancer including surgery, radiotherapy, hormone therapy and chemotherapy. Some patients can avail of surgery to remove the prostate-nerve sparing prostatectomy, but this is not option for every patient. Brachytherapy is another option which involves the placement of hundreds of radioactive seeds into the prostate. Ultrasound technology is used to ensure careful placement and to better control the effect on surrounding healthy tissue. The most common therapy for prostate cancer is Androgen Deprivation Therapy (ADT), as this cancer is highly reliant on androgens for proliferation (Miyamoto et a/., 2004). ADT can prolong patient's life expectancy, but nearly all patients progress to an androgen independent state which has no current effective therapy (Assikis and Simons, 2004).

In prostate cancer, chemotherapy is used to treat advanced cancers usually after radiotherapy or surgery have failed, or when the cancer progresses to a hormone refractory state and no longer responds to ADT. Docetaxel is one such chemotherapeutic drug used to treat advanced prostate cancer. Docetaxel is a member of the taxane class of drugs and acts by binding to microtubules causing them to become hyper-stabilized (Mollinedo and Gajate, 2003; Stein, 1999). This prevents depolymerisation of the microtubules, inhibiting mitotic cell division. It is cytotoxic to all quickly dividing cells including bone marrow and hair follicles as well as the cancer cells. Due to this extensive cytotoxicity which is not localised to cancer cells, there are adverse side effects associated with all chemotherapy, with alopecia being a very common side effect.

There is constant on-going research to develop new treatments that more specifically target cancer cells. This is likely to be a much more effective approach; it will try to limit the damage to surrounding healthy cells and help reduce the side effects associated with standard chemotherapy while still providing effective treatment to the patient. One of these promising new class of drugs currently in trials are the BH3 mimetics. They aim to promote apoptosis in cells with defective apoptotic machinery. These drugs will be discussed in more detail in section 1.4.

The Androgen Independent DU 145 prostate cancer cell line is one of the "classical" cell lines used to study prostate cancer (Alimirah et a/., 2006). It was originally derived from a 69 year old male with metastatic prostate cancer (Stone et a/., 1978). The DU 145 cell line completely lacks Bax expression.

Owners of neighboring parcels have sets of rights, privileges, and duties that define their legal relationships with neighbors. In Anglo-American law, those rights, privileges, and duties are components of real property law, but they are not a recognized category of real property law. Rather, they represent the application of general doctrines and rules to neighbors, instead of a distinct and cohesive body of law of its own. Other legal systems have developed distinct bodies of law to govern relations among neighbors.

The law of neighbors or “neighborhood law” is not presently a recognized type of law practice in the United States, and it will not likely become one anytime in the near future. In part this is the case because neighbor law disputes typically do not involve high financial stakes and resulting incentives for lawyers to market themselves as experts in the area. This Article suggests that if the field of neighbor law develops in the United States, academics will have to lead the way.

This Article does three things. First, it introduces the “stranger model” and the “friend model” of neighbors law, using these models as a frame for describing three components of existing U.S. law applicable to neighboring landowners. Second, it briefly describes the extent to which South Africa and Scotland have come to describe neighbors law as a discrete legal category, which correlates to the stranger model and friend model. Third, it concludes by making several suggestions on how the models may help in the construction of a coherent law of neighbors.

This article contributes to a better understanding of the research field of multinationals and emerging markets as well as knowledge on key disciplines, journals, and articles. Bibliometric analysis represents a relatively new form of meta-analytical research or “meta-review” of the literature (Kim and McMillan, 2008). It is valuable in illustrating the links between and among scholarly works and the nature of development in a given research field or discipline by measuring and analyzing published materials (Borgman, 2000). Citation analysis is a bibliometric technique that considers a citation as the basic unit of analysis (Kim and McMillan, 2008). Initially, it has been used in diverse range of disciplines in the science and humanities (Price, 1976; White and McCain, 1989; Wiberley, 2003), and only recently in social science (Glanzel 1996) such as communications (Pasadeos et al., 1999), advertising (Kim and McMillan, 2008), marketing (Arnott, 2007), and international management (Acedo and Casilla, 2005).

This publication briefly outlines the educational structures in all 50 states and the District of Columbia. The Organizational chart form restricted the amount of information that could be used. Also, because changes in educational structure are constantly being made, some information may be obsolete.

Falls and fractures are a major concern for the elderly population as they can result in decreased functional abilities and more dependence to complete activities of daily living within the community.

The use of valid, reliable and sensitive outcome measures is essential to observe functional abilities over time and assess the risk of falls in the future. Eighty-one patients consented to participate in this study with thirty three participating in the early assessment group; these patients were assessed at three and 15 months. For the 81 subjects, the average age was 81 years with a standard deviation of 8.00 years (60 - 96 years). The average age of the 33 subjects was 81 years (sd 8.00, range 65 - 94). A range of measures assessing movement, strength, balance, endurance and extended activities of daily living were applied.

The types of fracture, surgery, length of stay to surgery, types of anaesthesia used, surgical approach used, pain reported, discharge plan from the acute hospital, length of stay were reviewed in both the acute hospital and rehabilitation facility.

At three months the mean Berg balance score was 39.16 (sd12.98, range 18 - 56) and 15 months 38.44 (sd 14.04; range 11 -55) but no significant differences were found (p>0.05).

The mean Timed Up and Go score was 29.90 (sd 18.99; range 0 - 69.18) at three months and 27.27 (sd 18.76; range 0 - 66.38) at fifteen months but no significant differences were found (p>0.05).

The mean six minute walk test scores for the early assessment group were 165.84m (sd 85.34; range 0 - 359.20) at three months and at 15-months 193.72m (sd 110.98; range 0 - 3 84.69), the change was not significant (p>0.05).

At three months the right hand dynamometry mean score was 25.56 (sd 13.57; range 0 - 65) lbs and left hand mean score was 25.48 (sd 10.88; range 6.00 - 46.00) lbs. At fifteen months the right hand dynamometry score was 23.80 (sd 12.67 range 8.67 - 59.33) lbs and left hand dynamometry score was 25.48 (sd 8.47; range 11 - 37.67) lbs. No significant differences were found in grip strength (p>0.05).

The mean pre-fracture Nottingham Extended activities of daily living (NEADL) score was 47.61 (sd 13.14; range 18 - 63) while at three months the mean score was 32.55 (sd 17.26; range 3 - 63) and at fifteen months was 39.45 (sd 18.45; range 1 - 63). Significant differences were found between pre fracture and 3 months (p

In conclusion, no significant functional improvements were observed after 3 months despite significant in-patient input (compared with other countries) and further physiotherapy/rehabilitation input post discharge. Therefore, the findings from this study highlight the need to re-evaluate the current model of care for elderly post hip fracture patients.

We assert that debate over the utility of HGM, indices of biotic integrity (IBIs) the various RAMs, and other wetland assessment methods is somewhat misdirected. Rather than focusing on details of one specific method or debating the merits of one method over another, discussion should focus on the institutional structure and goals for which the methods are developed, tested, and ultimately implemented. Although wetland assessment methods vary in the scale of assessment and quantitative detail of the data collected and the assessment output, they are all designed to achieve a common objective: to evaluate the complex ecological condition of a wetland using a finite set of observable field indicators, and to express the relative condition of a particular site in a manner that informs ecosystem management (Figure 1). The design of an assessment method should be based on the information required to make management decisions and what resources (e.g., time, expertise, and equipment) are available to obtain that information? It is critical that management needs drive the selection of an assessment approach and not the other way around.

觀因素影響)，但在敘述手法上，本文認為確有值得討論的地方。學者王德成指出：

她(李碧華)的想像穿梭於古今生死之間，探勘情慾輪迴，冤孽消長，每每有扣人心弦之處。3

能夠做到 "每每有扣人心弦之處"，本文認為正是由於李碧華慣用了一種敘述方式所致，而我們稱這種敘述方式為 "神怪敘述模式"。

"神怪" 一詞在這種要作為一個專門概念理解，本義即英語中的 "Supernatural"。據《英漢大詞典》 (繁體字縮印本)，"Supernatural" 作為形容詞，解釋是:

超自然的、自然規律所無法解釋的；神奇的、不可思議的、異常的。4

其中 "自然規律所無法解釋" 一項最值得注意《英漢辭海》關於這點說得更詳細，指出“Supematural" 超自然)

指、屬於、關於或來源於超越可觀察的、通過日常段可經驗到的物理宇宙之外存在秩序的：在程度和種類上都超越自然或同超越自然的東西相關的。5

因此其名詞解釋就是 "超自然物" 即：

存在的超自然的秩序：神聖的作用、影響或干預 ( ......超自然的東西就其終極的本質來說是我們存在水平上所不能理解的)。6

一般來說，我們所謂的超自然物，是指神、仙、魔、鬼、妖、怪等一類統稱 "神怪" 的東西，亦即孔子所不語的 "怪力亂神" 而 "神怪敘述模式"，就是以 "神怪" 作為主要角色發展故事的寫作模式。

香港作家李碧華的小說充滿著鬼怪異人，如《胭脂扣》的女鬼如花、《青蛇》的青白二蛇精、《潘金蓮之前世今生》前生是海金蓮的單玉蓮、《秦俑》的不死人蒙天放等。這些形象角色，全都可以列入 "神怪" (Supernatural)一類。由於這樣，其作品自成體系，成功營造了一個鬼氣、神秘、暖昧、異乎尋常的小說世界。

李碧華以 "神怪" 作為故事主要角色的這種敘述模式，並非偶然出現，而是佔了她所有小說作品一半的比例。我們相信，除了作者個人趣味導致這個現象外，選取這種敘述方式，還有其他作用。本文嘗試就這點進行分析。

在分析之前，有一點必先要說明。本文討論的重點雖然是李碧華的小說作品，但在論證過程中，會多有引用其雜文文章，原因如李焯雄所說：

談李碧華的小說，不能不拿她的專欄文章來並讀一一不是指由此愈發可見李的作品萬變不離其宗，特式不外有二 (或詭異或犬儒)，而是說讀李的專欄往往有助了解她的作品。8

到目前為止 (1997年4月)，李碧華總共出版了十二本小說，分別是你《胭脂扣》、《霸王別姬》(1985年初版，1992年修訂版)、《青蛇》(1986年初版，1993年修訂版) 、9《潘金蓮之前世今生》、《生死橋》、《秦俑》、《滿洲國妖艷――川島芳子》、《誘僧》(長篇)、10《糾纏》、《誘僧》(短篇) 、《天安門舊魂新魄》及《基情十一刀》。除去四部短篇結集 (《糾纏》、《誘僧》(短篇)、《天安門舊魂新魄》和《基情十一刀》)，李碧箏的小說故事，依內容區分，大致可歸為三類：一、再世輪迴的故事 (《胭脂扣》、《秦俑》、《潘金蓮之前世今生》)；二、舊故事重新演繹，(《青蛇》、《潘金蓮之前世今生》)；三、人物傳奇(《誘僧》(長篇)、《滿洲國妖艷――川島芳子》、《霸王別姬》、《秦俑》等)。11

前兩類故事，作者都是採用了 "神怪敘述模式"。12依此敘述模式，很可以發展成為 "超現實" 或 "靈幻" 內容的故事，然而李碧華顯然並沒有這個意思；反之，其小說內容都是經過多方考證、資料搜集，背景以及很多細節都有所依據，13因此有論者評她的作品 "有強烈現實主義"。14故事內容既力求真實、有所參照，卻採用 "神怪" 這種不現實的敘述模式，作者是如何將兩者有機地結合在一起?或者當我們明白李碧華作品中 "神怪敘述模式" 所發揮的一些效果和作用，便可幫助了解這問題，而闕於這一點，我們發現最少有四個解答。

作為中國電影史上第一部獲得國際一級影展(柏林)首獎的影片，《紅高梁》也是一部改編自小說的作品。莫言的《紅高梁》和《高梁酒》，劉恆的《伏義伏羲》，蘇童的《妻妾成群》，陳源斌的《萬家訴訟》，余華的《活著》等等，這些小說作品都被張藝謀改成電影，而且獲得了成功。可以這樣說，張藝謀的電影的成功，是離不開小說的。本論文將以《紅高梁》這部電影為文本，試論小說改編成電影的問題。

人們慣於將焦點放在幾個方面：1.稱讚白娘子對愛情的執著、熱情、專一、堅持和爭取的精神；2.認為許仙寡情薄倖、怯弱畏縮；3.怪法海身為佛門高僧，不但沒慈悲為懷的善心. 倒反要拆散許白二人的姻緣。往往被忽略了的，是一直對白娘子忠心耿耿，為許白二人盡力盡心的青蛇。其實在整個白蛇故事裏，青蛇是一個不可缺少的重要角色，若沒有她，可能整個白蛇故事都要改寫。

第一次看李碧華所寫的小說《青蛇》，挺佩服作者的獨特創見，嘗試以小青的角度，重看整個白蛇故事。既能保留一般白蛇故事的情節，但又能以一個嶄新的角度去側寫詐白二人的感情。從前，青蛇一直是許白二人的侍俾、紅娘、朋友，而在李碧箏的筆下，小青終被釋放出來，成為一個突出獨立而性格鮮明的角色。這讓人發現到，小青一角其實同樣有值得研究的價值。後來《青蛇》改編成電影，在李碧華任編劇的情況下，大刀闊斧的將故事情節刪減，加重了小青在故事裏的重要性，亦著墨於她的性格描寫，為這角色賦予了生命。本論文並不妄想能為小青平反或確定些甚麼，只嘗試對這角色加以發掘及研究。

在撰寫論文的過程中，遇到不少困難。因為李氏的《青蛇》及一九八六年出版的坊間流行小說，在短短幾年間，並沒有太多關於此本小說的分析或研究資料，故在資料搜集上有一定的困難。而前人對白蛇故事加以研究時，亦偏重在白素貞、許仙、甚至法海身上，有關小青的研究實在不多，尤其是關於性格及心理描寫的文章，就更是乏善足陳。

本論文共分五個部分，首先是追溯一些關於白蛇故事的原始素材及重要素材；然後是交代李碧華筆下的白蛇故事；第三部分將集中探究小青的身份及替這角色加以定位；從而進一步分析這個角色的性格；最後更會就《青蛇》小說改編成電影後，小青一角性格上的分野作進一步研究。