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Administrative Law, Paul A. Lebel Jul 1984

Administrative Law, Paul A. Lebel

Faculty Publications

This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.

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The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer Jul 1984

The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer

Faculty Publications

No abstract provided.

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George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds Jun 1984

George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds

Faculty Publications

For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …

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Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande Jun 1984

Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande

Faculty Publications

This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …

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The Chronology Of The Hebrew Kings, Edwin R. Thiele May 1984

The Chronology Of The Hebrew Kings, Edwin R. Thiele

Faculty Publications

No abstract provided.

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The Electoral Fortunes Of Gubernatorial Incumbents: 1947-1981, Mark E. Tompkins May 1984

The Electoral Fortunes Of Gubernatorial Incumbents: 1947-1981, Mark E. Tompkins

Faculty Publications

I break down gubernatorial electoral outcomes into expected vote and short-term changes, using an intrastate baseline measure. Employing these measures, I find evidence of period effects in the role played by incumbency, including the growth in its importance in the last decade. Incumbents' gains are most notable in first reelection contest, but tail off in subsequent races. Moreover, these advantages are more pronounced after a two-year term than after a four-year term. Other factors influencing incumbents' success are less clear in their impact: Sabato's measure of reputation is associated with electoral gains, but increasing state bureaucratization appears more weakly linked.

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Error-Bounds For Gaussian Quadrature And Weighted-L1 Polynomial Approximation, Ronald A. Devore, L R. Scott Apr 1984

Error-Bounds For Gaussian Quadrature And Weighted-L1 Polynomial Approximation, Ronald A. Devore, L R. Scott

Faculty Publications

Error bounds for Gaussian quadrature are given in terms of the number of quadrature points and smoothness properties of the function whose integral is being approximated. An intermediate step involves a weighted-L' polynomial approximation problem which is treated in a more general context than that specifically required to bound the Gaussian quadrature error.

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Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr. Apr 1984

Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck Apr 1984

Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck

Faculty Publications

In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …

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Women Lawyers: Perspectives On Success, Dorothy Glancy Apr 1984

Women Lawyers: Perspectives On Success, Dorothy Glancy

Faculty Publications

No abstract provided.

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International Relations Theory, Foreign Policy Substitutability, And "Nice" Laws, Benjamin A. Most, Harvey Starr Apr 1984

International Relations Theory, Foreign Policy Substitutability, And "Nice" Laws, Benjamin A. Most, Harvey Starr

Faculty Publications

Two logical problems appear to have impeded the development of an integrative understanding of international and foreign policy phenomena. The first has to do with the potential for foreign policy substitutability: through time and across space, similar factors could plausibly be expected to trigger different foreign policy acts. The second concerns the potential existence of “sometimes true,” domain-specific laws. It is the logical opposite of the substitution problem, suggesting that different processes could plausibly be expected to lead to similar results. Neither problem appears to be well understood in the current literature; if anything, both are ignored. Nevertheless, they are …

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Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg Apr 1984

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

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Issues Concerning Phreatophyte Clearing, Revegetation, And Water Savings Along The Gila River, Arizona, William L. Graf, Duncan T. Patten, Bonnie Turner Apr 1984

Issues Concerning Phreatophyte Clearing, Revegetation, And Water Savings Along The Gila River, Arizona, William L. Graf, Duncan T. Patten, Bonnie Turner

Faculty Publications

A detailed analysis of the published results of the U. S. Geological Survey Phreatophyte Project conducted in the area of interest for the Corps of Engineers Camelsback Dam study provides the following results. It appears that the figure of 18.53 inches per year for water savings from phreatophyte clearing along the Gila River in southeast Arizona should not be used for predicting potential water salvage because of large sampling errors, measurement errors, and the inherent variability of the natural processes of evapotranspiration. An extensive literature review shows that no dependable values are available for the Gila River project area. It …

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Typology And The Levitical System Part 2, Richard M. Davidson Apr 1984

Typology And The Levitical System Part 2, Richard M. Davidson

Faculty Publications

No abstract provided.

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Ucc And Me In Process, Ingrid Michelsen Hillinger Apr 1984

Ucc And Me In Process, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

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Bob Jones University V. U.S.: A Political Analysis, Neal Devins Apr 1984

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.

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The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Apr 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty Publications

No abstract provided.

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Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer Apr 1984

Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer

Faculty Publications

No abstract provided.

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Stillborn Republic: Social Coalitions And Party Strategies In Greece, 1922-1936, By George Th. Mavrogordatos, Gerasimos Augustinos Feb 1984

Stillborn Republic: Social Coalitions And Party Strategies In Greece, 1922-1936, By George Th. Mavrogordatos, Gerasimos Augustinos

Faculty Publications

Reviews the book Stillborn Republic: Social Coalitions and Party Strategies in Greece, 1922-1936, by George Th. Mavrogordatos.

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Some Plant Leaves Have Orientation-Dependent Epr And Nmr Spectra, Douglas C. Mccain, Ted C. Selig, Govindjee, John L. Markley Feb 1984

Some Plant Leaves Have Orientation-Dependent Epr And Nmr Spectra, Douglas C. Mccain, Ted C. Selig, Govindjee, John L. Markley

Faculty Publications

Proton nuclear magnetic resonance (1H NMR) spectra of leaves from 50 plant species were obtained at a spectrometer frequency of 470 MHz. Water present in leaf samples gives rise to characteristic spectral patterns. Most species show only one broad 1H NMR peak; however, the leaves of some plants display complex, orientation-dependent spectra in which a common three-line pattern is discerned. The pattern varies with the angle between the leaf surface and the external magnetic field. Proton relaxation measurements show the presence of at least two water compartments in the leaves. The compartments are responsible for different components …

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La Banque De France Et Ses Deux Cents Actionnaires Sous Le Second Empire, By Alain Plessis, Michael S. Smith Feb 1984

La Banque De France Et Ses Deux Cents Actionnaires Sous Le Second Empire, By Alain Plessis, Michael S. Smith

Faculty Publications

A review of La Banque de France et ses deux cents actionnaires sous le Second Empire, by Alain Plessis

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Nantucket Pine Tip Moth (Lepidoptera: Tortricidae) Infestation Rates Related To Site And Stand Characteristics In Nacogdoches County, Texas, David Kulhavy, Richard N. Conner, Mark White Jan 1984

Nantucket Pine Tip Moth (Lepidoptera: Tortricidae) Infestation Rates Related To Site And Stand Characteristics In Nacogdoches County, Texas, David Kulhavy, Richard N. Conner, Mark White

Faculty Publications

Twenty-two pine stands with a variety of site and stand characteristics and management strategies were analyzed using discriminant analysis to determine factors which influence Nantucket pine tip moth infestations. A whole-tree sequential sampling scheme designed to estimate absolute infestation rates (±5%) was used. An 8% infestation rate was used as the dividing line between high and low tip moth infestations. A sequential sampling program was used in the field to estimate populations. Absolute infestation rates (P ± 5%), were obtained through random selection of pines for whole-tree sampling. Four equations were developed which gave 91% correct classification of initial …

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A Case For Heuristic Optimization Methods In Forestry, Steven H. Bullard, W. David Klemperer Jan 1984

A Case For Heuristic Optimization Methods In Forestry, Steven H. Bullard, W. David Klemperer

Faculty Publications

With rising competition for scarce resources, forest managers are increasingly concerned with estimating optimal solutions to complex problems. Heuristic procedures are often useful in solving such problems.

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Estimation Of Body Density In Adolescent Athletes, W G. Thorland, G O. Johnson, G D. Tharp, T J. Housh, C J. Cisar Jan 1984

Estimation Of Body Density In Adolescent Athletes, W G. Thorland, G O. Johnson, G D. Tharp, T J. Housh, C J. Cisar

Faculty Publications

National samples of 141 male and 133 female highly-trained adolescent athletes were studied to derive anthropometric-based equations predicting body density. Anthropometric measures included skinfold thicknesses at seven sites, circum- ferences at 14 sites, and diameters at nine sites. Criterion measures of body density were determined by underwater weighing with corrections for residual lung vol- ume based on the oxygen dilution method. Variable selection procedures included factor analysis followed by forward-stepping regression and polynomial analysis. For both the male and female samples, two quadratic equations utilizing either the sum of three or seven skinfold measures were derived. Within the male sample, …

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“Other Acts” Evidence, Paul C. Giannelli Jan 1984

“Other Acts” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Mississippi’S Softwood Timber Potential: Private Nonindustrial Influences, Steven H. Bullard, G. H. Weaver, Willem W. S. Van Hees Jan 1984

Mississippi’S Softwood Timber Potential: Private Nonindustrial Influences, Steven H. Bullard, G. H. Weaver, Willem W. S. Van Hees

Faculty Publications

Mississippi's long-run softwood timber potential was estimated for three input situations under a common set of economic and biological assumptions. Economic goals for sustained pine production were estimated using the computer program GASPLY with no restrictions, with private nonindustrial upland hardwoods excluded from type conversion and with private nonindustrial lands excluded from active forest management altogether. Estimated price-quantity equilibria ranged from $301 per thousand cubic feet (MCF) and 966 million cubic feet (MMCF) in the unrestricted case, to $1,226/MCF and 479 MMCF in the example with passive private nonindustrial management. Widely diffel'ing potential goals for pine product-ion highlight the degree …

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Root Diseases And Blister Rust Associated With Bark Beetles (Coleoptera: Scolytidae) In Western White Pine In Idaho, David Kulhavy, A.D. Partridge, R.W. Stark Jan 1984

Root Diseases And Blister Rust Associated With Bark Beetles (Coleoptera: Scolytidae) In Western White Pine In Idaho, David Kulhavy, A.D. Partridge, R.W. Stark

Faculty Publications

Root systems of western white pine, Pinus montieola Douglas, were excavated with explosives and examined for pathogens. Data were also recorded on portions of the crown killed by blister rust caused by Cronartium ribieola Fisch. Statistical tests revealed a significant association between the bark beetles Dendroetonus ponderosae Hopkins and Pityogenes fossifrons (LeConte), and the root pathogen Armillariella mellea. (Vah!. ex Fr.) Karst and between beetles and all root diseases. Ninety-two percent of the trees attacked by bark beetles had root diseases, and 97% had either root diseases or blister rust. A discriminant analysis correctly classified 88% of the sample trees …

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Estimating Infestation Rates Of The Nantucket Pine Tip Moth (Lepidoptera: Tortricidae) Through Sequential Sampling, David Kulhavy, Paul C. Johnson, Bernard Andersen Jan 1984

Estimating Infestation Rates Of The Nantucket Pine Tip Moth (Lepidoptera: Tortricidae) Through Sequential Sampling, David Kulhavy, Paul C. Johnson, Bernard Andersen

Faculty Publications

Sequential sampling to estimate proportion from a binomially distributed population was used to estimate apparent and actual infestation rates of the Nantucket pine tip moth, Rhyacionia frustrana (Comstock), on loblolly, Pinus taeda, and shortleaf pine, P. echinata. Populations of R. frustrana, as measured by infested tips, increased from the overwintering generation through the second generation (July), then decreased rapidly for P. echinata. Populations of R. frustrana continued to increase through the season in P. taeda. Tip moth infestations were concentrated in the top one-half of the tree.

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Political Vs. Economic Incentives, B. Delworth Gardner Jan 1984

Political Vs. Economic Incentives, B. Delworth Gardner

Faculty Publications

H this paper is the best challenge that can be brought against the New Resource Economics (NRE) and its advocacy for privatization of the public lands, we are likely to see both around for a long time. If there is fallacy in the idea of privatization, it is not illuminated in the arguments of this article. The paper misrepresents what the NRE is, shows little comprehension of the basic concepts on which it rests, and completely reverses the basic nature of the privatization solution. I hope to demonstrate as much in this critique.

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Saturday Afternoon Fever, Michael Peter Waxman Jan 1984

Saturday Afternoon Fever, Michael Peter Waxman

Faculty Publications

No abstract provided.

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