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2001

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Institution
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Articles 25981 - 26010 of 26071

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Tax Expenditures, Social Justice, And Civil Rights: Expanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen Jan 2001

Tax Expenditures, Social Justice, And Civil Rights: Expanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

Scholarly Works

In recent years, courts have decided a number of cases in which private organizations discriminated against people based solely on their race, gender, sexual orientation, or other immutable traits. For example, in 2000, the Boy Scouts of America revoked a New Jersey man's membership in the Boy Scouts because he was gay. New Jersey's supreme court held that the Boy Scouts' action violated New Jersey's anti-discrimination law. Notwithstanding the state court's holding, the United States Supreme Court concluded that the First Amendment prevented any court from forcing the Boy Scouts to keep a gay man as a member of its …

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Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr. Jan 2001

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

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El Impacto De Las Nuevas Technologias En El Futuro De Las Technicas De Evaluacion Psicologica Clinica, Richard H. Dana, Isidro A. E. Sanz, Barry A. Ritzler, Jan Ivanouw Jan 2001

El Impacto De Las Nuevas Technologias En El Futuro De Las Technicas De Evaluacion Psicologica Clinica, Richard H. Dana, Isidro A. E. Sanz, Barry A. Ritzler, Jan Ivanouw

Regional Research Institute for Human Services

En este trabajo se presentan reflexiones desde distintas perspectivas acerca del futuro de la Evaluación Psicológica y el papel que las tecnologías informáticas tendráen ella. En la actualidad, es innegable la importancia que ha alcanzado la informática dentro de las actividades académicas y profesionales en tomo a la Evaluación Psicológica. La capacidad cada vez mayor de las computadoras facilitó las tareas de investigación, desarrollo, y aplicación de tests psicológicos. Parece altamente previsible que en el futuro la informática tendrá un lugar aún mayor en el auxilio del psicógicos evaluador. Algunas posibles consecuencias futuras son expuestas y debatidas por los diferentes …

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Asian American Mental Health Clients: Effects Of Ethnic Match And Age On Global Assessment And Visitation, Richard H. Dana, Glenn Gamst, Aghop Der-Karabetian, Terry Kramer Jan 2001

Asian American Mental Health Clients: Effects Of Ethnic Match And Age On Global Assessment And Visitation, Richard H. Dana, Glenn Gamst, Aghop Der-Karabetian, Terry Kramer

Regional Research Institute for Human Services

Effects of client-counselor ethnic match (i.e., match, no match) and client age group (child, adult) on counselor-evaluated Global Assessment of Function (GAF) and visitation were investigated. The sample consisted of 253 Asian-American outpatient clients (24.9% children 75.1% adults) of a community mental health center. Unadjusted results indicated that ethnically matched clients had more positive GAF evaluations and more clinic visits than nonmatched clients. When adjusted for eight covariates, results showed ethnically matched clients continued to show higher levels of visitation. Analysis of separate diagnostic categories showed that ethnically matched mood-disorder clients had higher levels of visitation. Conversely, nonethnically matched anxiety …

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Criminal Prosecution For Hmo Treatment Denial, John A. Humbach Jan 2001

Criminal Prosecution For Hmo Treatment Denial, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …

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Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Faculty Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.

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Annual Reports Of The Selectmen And The Town Officers Of New Ipswich, N.H. For The Year Ending December 31, 2000., New Ipswich Town Representatives Jan 2001

Annual Reports Of The Selectmen And The Town Officers Of New Ipswich, N.H. For The Year Ending December 31, 2000., New Ipswich Town Representatives

New Ipswich, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

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Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi Jan 2001

Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality.

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The Cashless Corporate Tax, Herwig J. Schlunk Jan 2001

The Cashless Corporate Tax, Herwig J. Schlunk

Vanderbilt Law School Faculty Publications

Proposals for reforming the federal corporate income tax are neverending and ever-multiplying. They range from those that merely tinker around the edges, such as most recent proposals attacking the various perceived abuses that masquerade under the moniker "corporate tax shelter," to various integration approaches that arguably would gut the enterprise of a corporate income tax altogether. Since everything and the kitchen sink is at least theoretically in play, it seems appropriate to add this modest proposal, which I call the "cashless corporate tax" (CCT). As described below, the CCT is a "tax" that would replace the current corporate income tax-defined …

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Constitutional Risks To Equal Protection In The Criminal Justice System, Edward K. Cheng Jan 2001

Constitutional Risks To Equal Protection In The Criminal Justice System, Edward K. Cheng

Vanderbilt Law School Faculty Publications

This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also acknowledged the significant remedial difficulties associated with constitutional risk, but by focusing on discretion as the source of most equal protection risks, this Note has proposed a moderate doctrinal change: discretionary safeguards. To be sure, this Note leaves the project substantially incomplete. Constitutional risk's focus on statistical evidence requires careful discussion of the pitfalls judges face in this area and of how they can develop …

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Litigating Challenges To Executive Pay: An Exercise In Futility?, Randall Thomas, Kenneth J. Martin Jan 2001

Litigating Challenges To Executive Pay: An Exercise In Futility?, Randall Thomas, Kenneth J. Martin

Vanderbilt Law School Faculty Publications

This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged executive compensation levels and practices at public and closely held corporations. This data set shows that shareholders are successful in at least some stage of this litigation in a significant percentage of these cases. Our most robust result is that plaintiffs win a greater percentage of the time in compensation cases against closely held companies than against publicly held companies. This result is consistent for every stage of …

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The Enduring Paradox Of Products Liability Law Relating To Prescription Pharmaceuticals, M. Stuart Madden Jan 2001

The Enduring Paradox Of Products Liability Law Relating To Prescription Pharmaceuticals, M. Stuart Madden

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman Jan 2001

The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

After the Supreme Court held in Widmar v. Vincent that state universities could not constitutionally deny religious groups access to facilities generally available to student groups, a number of school districts authored access policies that were designed to create “limited public forums.” These policies delineated the categories of activities for which school property could be used, and indicated that religious activities were not among them. In Lamb's Chapel v. Center Moriches Union Free School District, however, the Supreme Court struck a blow to the notion that school districts could employ the limited public forum approach to exclude religious activities from …

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What Is Diabetes? Are You At Risk?, Laura Prestwich Jan 2001

What Is Diabetes? Are You At Risk?, Laura Prestwich

All Current Publications

No abstract provided.

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How To Get 3 To 5 Servings Of Vegetables A Day, Unknown Unknown Jan 2001

How To Get 3 To 5 Servings Of Vegetables A Day, Unknown Unknown

All Current Publications

No abstract provided.

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Planning Is The Key To Saving Water In Garden, Dennis Hinkamp Jan 2001

Planning Is The Key To Saving Water In Garden, Dennis Hinkamp

All Current Publications

No abstract provided.

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Butterflies - How To Lure Them To Your Garden, Dennis Hinkamp Jan 2001

Butterflies - How To Lure Them To Your Garden, Dennis Hinkamp

All Current Publications

No abstract provided.

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Religious Fundamentalism And Gender Differences, Herbert W. Helm, John M. Berecz, Emily A. Nelson Jan 2001

Religious Fundamentalism And Gender Differences, Herbert W. Helm, John M. Berecz, Emily A. Nelson

Faculty Publications

The role of religious fundamentalism and its relationship to shame and guilt was evaluated in 107 students who attend a church-sponsored university. A number of personality measures were given and gender differences were analyzed. The role of externalization was similar for males in this sample to that of earlier studies. However, it was found that females showed positive correlations between externalization and both shame and guilt. For females, more fundamentalistic religious training may help to contribute to an external orientation at the expense of identifying with a personal religion, and appropriate guilt. © 2001 Human Sciences Press, Inc.

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Livestock Safety, Jill Webster Jan 2001

Livestock Safety, Jill Webster

All Current Publications

One of the most important issues for consideration when handling livestock is safety. Although considered domesticated animals, working with livestock carries with it an inherent risk of danger.

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Allchin’S Folly: Exploring Some Myths About Open Source Software, Joe Miller Jan 2001

Allchin’S Folly: Exploring Some Myths About Open Source Software, Joe Miller

Scholarly Works

The twists and turns in the government’s antitrust case against Microsoft – from the D.C. Circuit’s stormy questioning at the two day oral argument in late February 2001 to its affirmance of the lion’s share of the government’s case in June 2001, and then from the settlement between the United States and Microsoft to the continuing battle by nine states for tougher sanctions – have garnered their share of press attention. But the high-profile antitrust case has not been the only Microsoft-centered controversy during the past year. Another involves the open source software movement about which Microsoft has professed grave …

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Hegel’S Theory Of Quality, David G. Carlson Jan 2001

Hegel’S Theory Of Quality, David G. Carlson

Faculty Articles

This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the realm of the …

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Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman Jan 2001

Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman

Faculty Articles

Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training manual …

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The Rightness And Utility Of Voluntary Repatriation, David Rudenstine Jan 2001

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine

Faculty Articles

No abstract provided.

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Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

Faculty Articles

No abstract provided.

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The Newness Of New Technology, Monroe E. Price Jan 2001

The Newness Of New Technology, Monroe E. Price

Faculty Articles

No abstract provided.

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Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine Jan 2001

Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine

Faculty Articles

No abstract provided.

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Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie Jan 2001

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Faculty Articles

No abstract provided.

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A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine Jan 2001

A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine

Faculty Articles

No abstract provided.

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Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich Jan 2001

Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich

Faculty Articles

No abstract provided.

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Search For Resonance Decays To A V̄ Plus Jet In E+P Scattering At Desy Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Lacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari Jan 2001

Search For Resonance Decays To A V̄ Plus Jet In E+P Scattering At Desy Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Lacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari

Faculty Publications

A study of the v̄-jet mass spectrum in e+p→v̄X events at a center-of-mass energy 300 GeV has been performed with the ZEUS detector at the HERA collider at DESY using an integrated luminosity of 47.7 pb-1. The mass spectrum is in good agreement with that expected from standard model processes over the v̄-jet mass range studied. No significant excess attributable to the decay of a narrow resonance is observed. By using both e+p→>e+X and e+p-vX data, mass-dependent limits are set on the s-channel production of scalar and vector resonant states. Couplings to first-generation quarks are considered and limits are …

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