Digital Commons Network^™

Administration Of Territories By The United Nations: Is There Room For International Humanitarian Law?, Steven R. Ratner

Articles

The fundamental starting point of this conference is that peace operations represent a challenge to the implementation of international humanitarian law (IHL) for the simple reason that IHL was developed for states conducting hostile military operations against other states or non state actors.

Administration of territories represents one subset of peace operations – continuation of second-generation peacekeeping (PK) where parties, typically prodded by outsiders, formally delegate to the United Nations (UN) authority for the implementation of a peace agreement – though it has also been extended to situations where final status and outcome are not sure, as with East Timor …

Art In The Life World, Review, Niamh Ann Kelly

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No abstract provided.

Temporal, Situational And Interactional Features Of Women’S Violent Conflicts, Christopher W. Mullins, Jody Miller

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This article examines contextual and situational influences on the processural development of women's violent conflicts. Through close analysis of 3 women's accounts of their disputes and associated violent behaviours, we provide a rich description of how such events evolved over time and how the interviewees managed this process. Drawing upon both criminological and feminist theories, our analysis highlights existing gaps in the literature, providing an exploratory discussion of the interaction of gender with situational elements and the production of assaultive events.

Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens

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In 2006, the U.S. Supreme Court decided a consolidated case concerning the scope of the U.S. Army Corps of Engineers' jurisdiction to require permits for dredge and fill of wetlands under section 404 of the Clean Water Act, issuing a plurality, two concurrences, and two dissents. Each opinion has a solid legal foundation, yet none truly makes sense if the science of the resource in question is considered. The opinions in Rapanos v. United States illuminate the struggle at the law-science interface. The problem is not due to either a failure in legal reasoning or a failure in scientific methodology …

1911 Census Facility On Edwardian Restaurant Workers In Dublin, Máirtín Mac Con Iomaire

Articles

This article takes a look at the use of the on-line 1911 census facility in identifying Restaurant Workers in Edwardian Dublin.

Sagebrush Steppe Treatment Evaluation Project (Sagestep): Restoration Research With Practical Applications, Summer Olsen

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Sagebrush rangelands cover millions of acres in the Great Basin including parts of Oregon, California, Idaho, Nevada, and Utah. This land provides a variety of important services, including wildlife habitat, clean water, recreation, and economic opportunities; it also serves as the primary forage base for the western livestock industry. Healthy sagebrush rangelands are rapidly being lost due to a variety of factors including severe wildfires, woodland expansion, invasion of non-native species, urban development, and drought. This loss can have significant impacts on those who depend on the land for goods and services.

Rangeland Fires And Cheatgrass: Values At Risk And Support For Preservation, M. D. R. Evans, Kim Rollins

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The high desert sagebrush ecosystems of the Great Basin evolved with fire. However, the introduction of cheatgrass (t. bromus), a highly flammable invasive annual grass, has contributed to the increased intensity and frequency of wildfires we have seen in recent years. Cheatgrass-fueled fires often kill native perennials, which creates openings for further cheatgrass expansion. Winters with more moisture than usual result in more cheatgrass and increased fire risk. Over time the result is ever larger areas dominated by cheatgrass and other invasive weeds that burn with greater frequency, and increasingly severe fire seasons.

Cyberspace Or Face-To-Face: The Teachable Moment And Changing Reference Mediums., Christina M. Desai, Stephanie J. Graves

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This article considers the teaching role of reference librarians by studying the teachable moment in reference transactions, and users’ response to that instruction. An empirical study of instruction was conducted in both virtual and traditional reference milieus, examining the following three services: IM (Instant Messaging), chat, and face-to-face reference. The authors used the same criteria in separate studies of all three services to determine if librarians provided analogous levels of instruction and what factors influenced the likelihood of instruction. Methodology employed included transcript analysis, observation, and patron surveys. Findings indicated that patrons wanted instruction in their reference transactions, regardless of …

Parenthood, Professorship, And Librarianship: Are They Mutually Exclusive?, Stephanie J. Graves, Jian Anna Xiong, Ji-Hye Park

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A survey of tenure-track and tenured librarians at ARL libraries provides data on the relationship between parenthood and professorship. Results analyze the impact of the promotion and tenure process on child-bearing and child-rearing decisions. Discrepancies are found based on gender, tenure status, and family status.

Aaas And Jstor: Anatomy Of A Successful Initiative, David H. Carlson

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The article recounts the process followed that led to the American Association for the Advancement of Science (AAAS) to reverse its public decision to withdraw its premier publication, Science Magazine, from the JSTOR platform.

Wfpc2 Lrf Imaging Of Emission Line Nebulae In 3cr Radio Galaxies, G. C. Privon, Christopher P. O'Dea, Stefi A. Baum, David J. Axom, P. Kharb, C. L. Buchanan, W. Sparks, M. Chiaberge

Articles

We present HST/WFPC2 Linear Ramp Filter images of high surface brightness emission lines (either [OII], [OIII], or H +[NII]) in 80 3CR radio sources. We overlay the emission line images on high resolution VLA radio images (eight of which are new reductions of archival data) in order to examine the spatial relationship between the optical and radio emission. We confirm that the radio and optical emission line structures are consistent with weak alignment at low redshift (z < 0.6) except in the Compact Steep Spectrum (CSS) radio galaxies where both the radio source and the emission line nebulae are on galactic scales and strong alignment is seen at all redshifts. There are weak trends for the aligned emission line nebulae to be more luminous, and for the emission line nebula size to increase with redshift and/or radio power. The combination of these results suggests that there is a limited but real capacity for the radio source to influence the properties of the emission line nebulae at these low redshifts (z < 0.6). Our results are consistent with previous suggestions that both mechanical and radiant energy are responsible for generating alignment between the radio source and emission line gas.

The Ubiquity Of Greed: A Contextual Model For Analysis Of Scienter, Ann Morales Olazabal, Patricia S. Abril

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Some securities fraud plaintiffs contend that greed-in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability-is a bona fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the analysis of whether allegations of greed indicate scienter in these cases. The Private Securities Litigation Reform Act of 1995 (PSLRA) requires that the complaint state "with particularity" facts giving rise to a "strong inference" that the defendant acted with the scienter required for the cause of action. Plaintiffs have long established scienter through "motive and opportunity" pleading: …

The Sentencing Commission Takes On Crack, Again, David Yellen

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We may be entering a new era of drug sentencing policy. For the first time, an effort by the United States Sentencing Commission to reduce the disparity in treatment between crack and powder cocaine offenders by somewhat reducing crack sentences has succeeded. Decisions of the United States Supreme Court, culminating most recently in Kimbrough v. United States and Gall v. United States, have clarified and expanded the flexibility federal judges have in sentencing under the post- United States v. Booker advisory sentencing guidelines. Political leaders have begun to accept the need for relaxation of at least some of the …

Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen

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No abstract provided.

Hyperfast Pulsars As The Remnants Of Massive Stars Ejected From Young Star Clusters, Vasilii Gvaramadze, Alessia Gualandris, Simon P. Zwart

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Recent proper motion and parallax measurements for the pulsar PSR B1508+55 indicate a transverse velocity of 1 100 kms−1, which exceeds earlier measurements for any neutron star. The spin-down characteristics of PSR B1508+55 are typical for a non-recycled pulsar, which implies that the velocity of the pulsar cannot have originated from the second supernova disruption of a massive binary system. The high velocity of PSR B1508+55 can be accounted for by assuming that it received a kick at birth or that the neutron star was accelerated after its formation in the supernova explosion. We propose an explanation for the origin …

Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor

Articles

The traditional law school appellate case method is not well-suited to teaching students either the substance and process of counseling entrepreneurial clients or helping such clients create IP strategies that effectively advance their business vision. This Article describes the author’s creation of new courses and clinics to advance teaching IP in the emerging field of entrepreneurship and innovation law

Gauging The Acceptability Of Fuels Management: A Matter Of Trust, Mark W. Brunson

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There is a significant gap between the acceptability of management practices in theory and the confidence that citizens have in land managers' abilities to use those practices safely and effectively. But since most citizens are willing to accept the use of multiple practices on a small scale, opportunities exist for land managers to build citizens’ confidence in their activities while gradually reducing the risk of wildfire to the Great Basin’s most susceptible communities.

Treg Depletion Inhibits Efficacy Of Cancer Immunotherapy: Implications For Clinical Trials., James Curtin, Marianela Candolfi, Tamer Fakhouri, Chunyan Liu, Anderson Alden, Matthew Edwards, Pedro Lowenstein, Maria Castro

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BACKGROUND: Regulatory T lymphocytes (Treg) infiltrate human glioblastoma (GBM); are involved in tumor progression and correlate with tumor grade. Transient elimination of Tregs using CD25 depleting antibodies (PC61) has been found to mediate GBM regression in preclinical models of brain tumors. Clinical trials that combine Treg depletion with tumor vaccination are underway to determine whether transient Treg depletion can enhance anti-tumor immune responses and improve long term survival in cancer patients. FINDINGS: Using a syngeneic intracrabial glioblastoma (GBM) mouse model we show that systemic depletion of Tregs 15 days after tumor implantation using PC61 resulted in a decrease in Tregs …

A Man For The Century: A Tribute To Dean Fred F. Herzog On His One Hundredth Birthday, Michel Rosenfeld

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No abstract provided.

What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok

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The article examines the challenges posed by mass torts, particularly the impact of temporal dispersal and latency of injuries, which create significant uncertainties in settlement values. Nagareda critiques the traditional approaches to mass torts—focusing on procedure, substance, and ethics—and proposes a shift toward an administrative framework. He argues that leveraging the self-interest of plaintiffs' lawyers through a fee redistribution mechanism could address settlement dysfunctions, particularly the disparity between present and future claimants. However, the article questions whether this proposal adequately addresses the broader issues in mass tort litigation, especially in immature torts.

Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk

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When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testator. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

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Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok

Articles

This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …

Motorists Will Have To Pay For The Cost Of Congestion, Thomas Power

Articles

The available road space (the scarce resource) is currently allocated by one’s willingness to sit in traffic jams. The costs incurred in sitting in traffic jams benefits no one – it is pure deadweight loss. The solution is to get the motorist to pay the social cost (marginal congestion cost). By pricing the cost of this traffic congestion in euro, this money could be collected and put to good use, perhaps on improving public transport.

The Subaru/Xmm-Newton Deep Survey (Sxds) - V. Optically Faint Variable Object Survey, Tomoki Morokuma, Mamoru Doi, Naoki Yasuda, Michael Richmond, Et Al.

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We present our survey for optically faint variable objects using multi-epoch (8−10 epochs over 2−4 years) i′-band imaging data obtained with Subaru Suprime-Cam over 0.918 deg2 in the Subaru/XMMNewton Deep Field (SXDF). We found 1040 optically variable objects by image subtraction for all the combinations of images at different epochs. This is the first statistical sample of variable objects at depths achieved with 8-10m class telescopes or HST. The detection limit for variable components is i′ vari 25.5 mag. These variable objects were classified into variable stars, supernovae (SNe), and active galactic nuclei (AGN), based on the optical morphologies, magnitudes, …

Design Of A Multiple Component Geometric Breast Phantom, Karl G. Baum, Kevin Mcnamara, María Helguera

Articles

The quality and realism of simulated images is currently limited by the quality of the digital phantoms used for the simulations. The transition from simple raster based phantoms to more detailed geometric (mesh) based phantoms has the potential to increase the usefulness of the simulated data. A preliminary breast phantom which contains 12 distinct tissue classes along with the tissue properties necessary for the simulation of dynamic positron emission tomography scans was created (activity and attenuation). The phantom contains multiple components which can be separately manipulated, utilizing geometric transformations, to represent populations or a single individual being imaged in multiple …

The Origin Of The Infrared Emission In Radio Galaxies. I. New Mid- To Far-Infrared And Radio Observations Of The 2 Jy Sample, D. Dicken, Clive Tadhunter, Raffaella Morganti, C. Buchanan, T. Oosterloo, David J. Axon

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As part of a large study to investigate the nature of the longer wavelength continuum emission of radio-loud AGN, we present new mid to far-infrared (MFIR) and high frequency radio observations for a complete sample of 2Jy powerful, southern radio galaxies at intermediate redshifts (0.05 < z < 0.7). Utilizing the sensitivity of the Spitzer Space Telescope, we have made deep MIPS observations at the wavelengths of 24, 70 and 160μm, detecting 100% of our sample at 24μm and 90% at 70μm. This high detection rate at MFIR wavelengths is unparallelled in samples of intermediate redshift radio galaxies. Complementing these results, we also present new high frequency observations (15 to 24Ghz) from the Australia Telescope Compact Array (ATCA) and the Very Large Array (VLA), which are used to investigate the potential contamination of the MFIR continuum by non-thermal synchrotron emission. With the latter observations we detect the compact cores in 59% of our complete sample, and deduce that non-thermal contamination of the MFIR continuum is significant in a maximum of 30% of our total sample. MFIR fluxes, radio fluxes and spectral energy distributions for the complete sample are presented here, while in a second paper we will analyse these data and discuss the implications for our understanding of the heating mechanism for the warm/cool dust, star formation in the host galaxies, and the unified schemes for powerful radio sources.

The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone

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No abstract provided.

Valuing Laws As Local Amenities, Anup Malani

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The conventional approach to evaluating a law is to examine its effect on proximate behavior. To evaluate a new criminal law, for example, the conventional approach would look to changes in the crime rate. This Article proposes another method for evaluating laws, specifically, that they should be judged by the extent to which they raise housing prices and lower wages in the short run or raise the aggregate value of residential land in the long run. The logic is that the value of a law, much like the value of a lake or a public school, is capitalized into local …