Professor Jennifer McStotts' Blog » PresLawEcon

Practical Exercise #4

profmcs — Tue, 06 May 2008 15:34:03 +0000

All,
I was wrong about the last email business – I wanted to send some comments about the last PrEx.

1. Re: repatriation of the artifacts and remains – yes, it is required. The key is in the statute; I’m sorry if I confused any of you with my answer regarding a “retroactive clause”. No, there is not clause that says explicitly NAGPRA is retroactive, but there doesn’t need to be. What it says is that museums have to summarize and inventory their collections at the time the law was passed and repatriate in certain conditions. That’s not retroactive per se, so I struggled to answer the question I was asked.

3. I was looking for the triggering of any or all of the following laws:

NHPA and NEPA – not triggered because it’s not a federal action. It doesn’t matter that it’s not federal land. One of you pointed out the tribe might be federally subsidized. If that’s true, then the subsidy might be subject to NHPA or NEPA, such as a grant to build the memory pile, but absent that fact, there’s no trigger.

ARPA and NAGPRA – is this Indian land?

I didn’t expect any of you to bring up AIRFA, as it is primarily instruction to the agencies to provide access. Here there’s really no need for the tribe to be required to give itself access, right?

4(b). What I mean by “internal nature” is the fact that this could be said to be a civil dispute. Does Hague apply to civil (internal) disputes? Yes – any armed conflict, not just “war”. Does NHPA 402 apply if we say this is internal, or is it still 106? I don’t know. Many of these questions (#4) are to test your reasoning. This one had fewer right answers than any other practical exercise.

4(c). Remember that the waiver has two aspects.

Is one party is using the resource in a way that exposes it to danger? If yes, the immunity or protection is waived, but really only if…

It is of unavoidable military necessity that the resource be risked (attacked). That doesn’t mean was it UMN for Naylor to use the buildings as shields; it means is it UMN for the U.S. to attack and risk or cause damage.

4(d). WHL or former NR status may make a difference primarily under 402, but also under the Hague convention. How you answer this will depend largely on your previous answers.

I hope that helps.
All the best!

PLE Grades

profmcs — Tue, 06 May 2008 14:14:50 +0000

Hello all,
This will likely be the last post you get from me. Your PrEx4 and Indep Project grades are up. I also created a column for poster grades as well. Should all be viewable from My Grades. The PrEx has a rubric you can download for feedback, and the papers have comments in the grade field on the assignment itself.
Re: Your Independent Projects, remember that your final grade for the project as a whole was the paper (the out-of-100 grade posted on WebCT) and your preliminary work (out of 10). To calculate, use this equation:
Prelim + (Paper*.9)
Thanks!

PLE – Upload posters?

profmcs — Fri, 25 Apr 2008 17:43:07 +0000

PLE students,
Don’t feel that you need to upload your posters. If you can or already did, great, but I wasn’t expecting to see them until Monday. On Monday, if I really like them, I’ll ask to keep them, but otherwise, they are yours.

PLE – no Powerpoint

profmcs — Wed, 23 Apr 2008 12:09:02 +0000

Pres Law folks,
There won’t be a powerpoint today, and depending on the weather, we can go outside if the class wants to. We’ll be talking about the Practical Exercises, both graded and new, which will be up midday. I lost internet last night at home and now have to wait to get into my office to post them.
See you at 2 – Jennie

PLE PowerPoints

profmcs — Wed, 16 Apr 2008 15:52:51 +0000

In a remarkable turn of events, I actually remembered to post the PowerPoint early yesterday, but in a not-so-surprising way, I forgot to blog the announcement! So, let it be known that the PowerPoint for today as well as the one for Monday (4.21) is available on WebCT.

PLE PowerPoint is up for ARPA

profmcs — Mon, 07 Apr 2008 17:29:09 +0000

Sorry so late.

Pres Law Rehab Projects, v.2

profmcs — Thu, 03 Apr 2008 19:05:29 +0000

All grades and comments are now posted. I double checked and all files seem to be in place and openable. As I said before, if you got an A+ or did a PDF, or if I said in the comments box that I had no comments on the document, then you did not and will not get a file back.
If after the thesis crunch is over, anyone would like to come see me about patching any holes in these projects to use them in portfolios, come see me not next week but the week after.
Great work!

Pres Law Rehab Projects

profmcs — Thu, 03 Apr 2008 06:03:50 +0000

All,
Grades are posted (so as to end the suspense), but the comments are not all returned. Some of your files are so large (upwards of 100MB) that I cannot upload the commented versions back to you from home or wireless. I will finish the uploads as soon as I can establish a secure and stable enough connection. If you did a PDF or PPT, there are no comments to be returned besides those in the grade post. The same is true for the four of you who got A+ grades.
I’ll post again when the grades are completed.
Prof. McS

Monday update – all classes and students

profmcs — Mon, 10 Mar 2008 15:14:56 +0000

Advising first, then Pres Law, then Urban Planning

If you need to see me for advising, go to http://profmcs.wikispaces.com/Advising to sign up.

PLE:

PrEx2 grades and files will be returned – hopefully – before class. First I have to post -

Midterm grades are the average of PrEx1 and 2, nothing more.

The powerpoint today will be posted but possibly at the last minute. I’ll post a big announcement on WebCT’s homepage when it’s done.

The assignment due today – prelim IP work – is now created. Sorry that I forgot it wasn’t up. If you emailed, please do return it as an assignment – it let’s me keep everything in one place.

URBAN:

Midterm grades do NOT include glossaries, which are not yet all graded.

Biographical Analysis Papers will be returned via WebCT later today, and exam grades – once curved – will be posted on WebCT as well.

Glossaries should be up later this week.

Midtown Unveiled

profmcs — Thu, 21 Feb 2008 16:29:11 +0000

On the current and local events front: “Midtown” Unveiled; project aims to spur transformation of Upper King Street.

The Midtown project will be presented to the Charleston Board of Architectural Review in a special meeting at 4:30 p.m. March 3 in the fourth-floor meeting room at 75 Calhoun St. I know it’s Spring Break, but maybe I’ll see some of you there. (For more information, you can see a city planning document with some great graphics at http://www.charleston.net/midtown/.)

For my urban planning students – does anything about this project make you think of Jane Jacobs? Robert Moses? Cataclysmic money even?