Digital Commons Network^™

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

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No abstract provided.

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

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No abstract provided.

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

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No abstract provided.

Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel

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This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

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No abstract provided.

Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton

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No abstract provided.

The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson

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In Taylor v. Freeland & Kronz, a debtor claimed a law suit was exempt. The bankruptcy trustee failed to object within the required period. Later, the law suit realized an amount that far exceeded the monetary limit to which the debtor was entitled. The Supreme Court permitted the debtor to keep all of the proceeds, even beyond the statutory limit, claiming that a deadline was a deadline. Recently, in Schwab v. Reilly, the Supreme Court overruled Taylor, holding that a claim to a monetarily limited item can only exempt the monetary limit. The Court tries and fails to "reconcile" these …

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

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No abstract provided.

Family Values In The Jewish Tradition, J. David Bleich

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In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

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The Wisdom Of Crowds? Groupthink And Nonprofit Governance, Melanie B. Leslie

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Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean's Yele Haiti charity became the target of intense criticism after the charity disclosed that it had regularly transacted business with Jean and entities controlled by Jean and other directors. Although scandals caused by self-dealing undermine public confidence in the charitable sector, they continue to erupt. Why do charitable boards sanction transactions with insiders?

This Article argues that much of the blame lies with the law itself. Because fiduciary duty law is currently structured as a set of fuzzy …

Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk

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The conflict between work and family responsibilities remains a significant barrier to women's equality in the American workplace. As many commentators have noted with envy, the United States stands apart from most European countries in its failure to give women a legal right to paid maternity leave.

This Article argues that the United States's potential for reconciling the work-family conflict is undermined by the predominance of antidiscrimination law. The unique trajectory of U.S. antidiscrimination law, designed to combat paternalism and gender stereotypes, has pushed family and medical leave into a single legal regime. But today, due to the costs and …

The False Modesty Of Department Of Revenue V. Davis: Disrupting The Dormant Commerce Clause Through The Traditional Public Function Doctrine, Edward A. Zelinsky

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No abstract provided.

Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton

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The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

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No abstract provided.

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

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No abstract provided.

Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer

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Lyondell: A Note Of Approbation, William Wilson Bratton

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No abstract provided.

Sources Of Saturated Fat And Sucrose In The Diets Of Swedish Children And Adolescents In The European Youth Heart Study: Strategies For Improving Intakes, Emma Patterson, Julia Wärnberg, John Kearney, Michael Sjostrom

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To compare macronutrient intakes of Swedish children and adolescents to population goals; to identify the major sources of energy, fat, saturated fat and sucrose; and to simulate the effect adherence to current food-based dietary guidelines (FBDG) would have on saturated fat and sucrose intakes. Cross-sectional study. From 24 h recall data, food groups contributing most to energy, fat, saturated fat and sucrose were identified. Based on the prevailing consumption of foods mentioned in the FBDG, we simulated five scenarios: changes in milk and yoghurt; cheese; energy-dense, nutrient-dilute foods; soft drinks; and burger and sausage consumption. Stockholm and Örebro (Sweden) in …

Hypercapnic Acidosis Reduces Oxidative Reactions In Endotoxin-Induced Lung Injury, Alistair D. Nichol, Donall F. O'Cronin, Finola Naughton, Natalie Hopkins, John Boylan, Paul Mcloughlin

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Hypercapnic acidosis frequently occurs when patients with acute lung injury are initially ventilated with low tidal volume "protective" strategies. Hypercapnic acidosis per se, in the absence of any change in tidal volume or airway pressure, is protective when instituted before the onset of injury. However, the mechanisms by which hypercapnic acidosis confers this protection are incompletely understood, in particular, the effects on pulmonary oxidative reactions, which are potent mediators of tissue damage, have not been previously examined in vivo.

The Role Of Teachers In The Academic English Literacy Acquisition Experiences Of Deaf College Students, Kathryn L. Schmitz

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The purpose of this phenomenological study was to describe deaf college students’ perceptions of their experiences learning academic English literacy vis à vis their teachers. The study examined the narrated academic English literacy acquisition experiences and practices of 11 deaf and hard-of-hearing students at a hearing university with a large deaf student population. Through paradigmatic analysis of narrative data, the study located common themes, which revealed students’ perceptions of academic English literacy acquisition, particularly with regard to their teachers. Methods employed in the study were phenomenological interviewing and recursive analysis. The primary data sources were participant interviews and a focus …

Alimony Treatment For A Single Payment, Douglas A. Kahn

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Before 1942 alimony paid to a former spouse was not included in the spouse’s gross income. In 1942 Congress adopted the antecedent to section 71. Although an alimony recipient must recognize gross income, section 215 provides the payer with a nonitemized deduction for the payment. Therefore, the alimony tax provisions provide a congressionally approved income-splitting arrangement which can benefit the parties by shifting income from a high-bracket taxpayer to one in a lower tax bracket. The parties can divide the resulting savings between them by altering the amount paid to the former spouse.

Egoviz – A Mobile Based Spatial Interaction System, Keith Gardiner, Junjun Yin, James Carswell

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This paper describes research carried out in the area of mobile spatial interaction and the development of a mobile (i.e. on-device) version of a simulated web-based 2D directional query processor. The TellMe application integrates location (from GPS, GSM, WiFi) and orientation (from digital compass/tilt sensors) sensing technologies into an enhanced spatial query processing module capable of exploiting a mobile device’s position and orientation for querying real-world 3D spatial datasets. This paper outlines the technique used to combine these technologies and the architecture needed to deploy them on a sensor enabled smartphone (i.e. Nokia 6210 Navigator). With all these sensor technologies …

Examples: What Teachers Are Doing With Poetry, Penny Miller, Sarah Duffer, Carole Damin, Libby Duggan

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In November, 112 teachers from across Indiana attended a full-day professional development workshop with renowned poet Georgia Heard. Here is a sampling of the things these teachers are now doing in their schools and classrooms as a result of that workshop.

A Scaling Method And Its Applications To Problems In Fractional Dimensional Space, Sami I. Muslih, Om P. Agrawal

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A scaling method is proposed to find (1) the volume and the surface area of a generalized hypersphere in a fractional dimensional space and (2) the solid angle at a point for the same space. It is demonstrated that the total dimension of the fractional space can be obtained by summing the dimension of the fractional line element along each axis. The regularization condition is defined for functions depending on more than one variable. This condition is applied (1) to find a closed form expression for the fractional Gaussian integral, (2) to establish a relationship between a fractional dimensional space …

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

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While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

Exploring What It Means To Be A Catholic In Ireland Today, Eamon Maher

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Microwave-Assisted Synthesis Of Zno Micro-Javelins, Suresh Pillai, Declan Mccormack, John M. Kelly, Sibu C. Padmanabhan

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The microwave (MW)-assisted formation of ZnO micro-javelins from zinc nitrate and urea in aqueous solution is described. The particles (named as ‘micro-javelins’ because of their high aspect ratio and needle-like tips) grow hexagonally with well-defined facets in the h0110i direction and pointed tips in (0001) direction. Powder X-ray diffraction patterns show the appearance of a strikingly dominant (1000) orientation. Scanning electron microscopy (SEM) and transmission electron microscopy (TEM) investigations reveal the morphological evolution of these hexagonal ZnO particles with time. The effect of precursor concentrations, counterion type andMWirradiation power and their consequent influence on pH and Zn2+ ion concentration are …

“We Are Going To Rape You And Taste Tutsi Women”: Rape During The 1994 Rwandan Genocide, Christopher W. Mullins

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Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual …

A Mechanism Of Transferring Manufacturing Competences To Increase Market Performance, Kun Liao, Ying Liao, Qiang Tu

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This study uses competence transferring theory to establish a mechanism for transferring competence from the outside of an organization. Data were collected in the US from over 300 manufacturing companies. The mechanism of competence transferring is empirically supported. Also, the transferred competences increase manufacturing process competences including process automation, process integration, and process modularity. Furthermore, the process competences lead to higher market performance of firms.