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Symbolic Statutes And Real Laws: The Pathologies Of The Anti-Terrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Larry Yackle

Faculty Scholarship

Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences? The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.

Text And Context In International Dispute Resolution, William W. Park

Faculty Scholarship

More than one thoughtful business manager has contemplated the prospect of litigation abroad in terms analogous to those used by the 19th century diarist quoted above. When an international venture goes awry, the dramatically disagreeable consequences can often include the "hometown justice" of the other side's national courts: unfamiliar procedures, perhaps a foreign language, and in some countries, a xenophobic or even corrupt judge.

Review Of Why Things Bite Back: Technology And The Revenge Of Unintended Consequences By Edward Tenner, Jay D. Wexler

Faculty Scholarship

Historian of science Edward Tenner begins his book with a typical example of what he sees as the irony of modern life in a technological society. With the advent of electronic mail and inter-office networking, one would expect that the amount of paper used in offices would markedly decline, but in fact, notes Tenner, paper recycling bins are more full than ever before. People do indeed communicate through e-mail, but since they mistrust the permanence of electronic transmissions, they also back them up with an ever increasing amount of paper communication. In his typically amusing way, Tenner notes that when …

T Cell Receptor (Tcr)-Induced Death Of Immature Cd4+Cd8+ Thymocytes By Two Distinct Mechanisms Differing In Their Requirement For Cd28 Costimulation: Implications For Negative Selection In The Thymus, Jennifer Punt, Wendy Havran, Ryo Abe, Apurva Sarin

Biology Faculty Scholarship

No abstract provided.

Patenting Medical Procedures: A Search For A Compromise Between Ethics And Economics, Beata Gocyk-Farber

Cardozo Law Review

When doctor Samuel Pallin, an Arizona ophthalmologist, brought an infringement suit for his patent covering the "stitchless" incision in cataract surgery, he probably did not expect that he would provoke one of the most emotional patent debates in history. Physicians across the country expressed condemnation of medical process patents, calling such patents "horrendous" and warning that Dr. Pallin's victory may have "profoundly devastating and mind-boggling consequences" for medical science. The resonance in the medical community was so strong that the American Medical Association House of Delegates passed a resolution "vigorously" condemning the patenting of medical and surgical procedures and promising …

For The Liberal Transformation Of Japanese Legal Culture: A Review Of The Recent Scholarship And Practice, Setsuo Miyazawa

Faculty Scholarship

In this paper, I wish to discuss two problems. Firstly, I wish to discuss what transformation of the Japanese legal culture is desirable. Secondly, I wish to discuss how such transformation could be brought about. These questions require me to review both the scholarship and the practice. Stewart Macaulay wrote (Macaulay, 1992) that when Joel Handler went to Philadelphia in 1992 to give his presidential address at an annual meeting of the Law and Society Association and criticize postmodernist scholars for their disabling impacts on transformative politics (Handler, 1992), he rattled the cage. Handler actually rattled the cage strongly enough …

Toward A Healthier Environment And A Stronger Economy: How To Achieve Common Ground, Murray L. Weidenbaum, Christopher Douglass, Michael Orlando

Murray Weidenbaum Publications

Economic and environmental interests are typically opponents in the public arena. Most efforts to bridge intellectual differences involve economists trying to get environmentalists to develop an "economic way of thinking" while conversely, ecologists attempt to sway economists toward kinder environmental values. It is time for a new approach to public policy that takes advantage of the middle ground between these two ideologies. This study presents six specific reforms that make both sound economic and environmental sense. These reforms occur within selected government spending programs, special federal tax provisions, and particular regulatory requirements.

Capture Theory And The Courts: 1967-1983, Thomas W. Merrill

Faculty Scholarship

The Administrative Procedure Act ("APA") is a framework statute, not a complete code. Its central provisions are rather spare, and a number of important questions are not covered at all. It comes as no surprise, therefore, that the judicial gloss on the APA has taken on a large significance over time. It should also come as no surprise that this interpretative mantle has assumed a different shape with different generations of judges. In this respect, our experience with the APA parallels that with the Constitution. Occasionally there is a feint in the direction of enforcing the "original understanding" of the …

Faculty Publications 1996, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 734 publications.

Markings| Six Reflections Of Dag Hammarskjold| Personal Research, Gregory S. Larsen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Archaeological Investigations On The Sun River Game Range: A Study Of Prehistoric And Historic Land Use Intensity, Patrick Joseph Kuntz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Physical, Chemical, And Microbial Analysis Of Domestic Wastewater Treated By Small Constructed Wetlands Designed For Individual Households., Keith R. Hench

Graduate Theses, Dissertations, and Problem Reports (ETD)

Many small communities located in rural areas of the United States lack adequate domestic wastewater treatment plants. Constructed wetlands are being promoted as low-cost, low-maintenance systems for treatment of domestic wastewater in areas where standard septic tanks fail. In order to evaluate the efficacy of small constructed wetlands, 20 small-scale wetlands mesocosms (100 gal each) containing five plant treatments (no plants/control, Typha, Scirpus, and Juncus monocultures, and all three species combined) were planted into pea gravel at either 18 or 24 inches in depth. Each mesocosm received 5 gal/day of primary-treated domestic sewage. Mesocosms were monitored on a monthly basis …

Julius Strandberg And "The Almost White Child", Hans J. Strandberg

The Bridge

Why did more than 50 million people leave Europe for the United States in the second part of the 19th century? To understand the largest migration in history you have to look to the hopelessly poor living conditions which many people in the Old World lived under. To people living in an overpopulated and underpaid. Europe the idea of going to America where nothing was impossible but where "everything" was possible was immensely attractive.

A Family Sketchbook, Eva M. Johnson

The Bridge

Father, Otto Christensen, was born in 1875 on a farm

that lay on the edge of the North Sea in Jutland, Denmark.

When he was four his mother died and his father remarried.

He spent his childhood tending sheep and cattle and playing

in the sand dunes and heather along the sea. He must have

spent much time dreaming his dreams.

Full Issue

The Bridge

No abstract provided.

Edition Of Dorothy Nicodemus's Coyote Cuts Sun's Heart, Amy L. Hayter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Sound Of Utah: The Presence Of Geographical Elements In Music Written About The State Of Utah, Kamia Walton Holt

Theses and Dissertations

Music is a by-product of place and time. Musicians have opportunities to use the idea of place in their music. Thus, music has regionally distinctive characteristics which reflect human perceptions of the physical environment. Artists of the past and present focus on geographical themes, and paint a picture of ‘place’ in their music. This thesis focuses on the music of a geographical location: Utah. Musicians wrote of Utah in hymns of the past, and contemporary musicians continue to write music about Utah. This thesis answers the questions: Is music characterized by geography? How have the local musicians been influenced by …

The Effect Of The Book Of Mormon Diglot Reader: A Study Of The Vocabulary Acquisition, Reading Comprehension, And The Reduction Of Negative Affective Variables In Missionaries, Melinda Silver

Theses and Dissertations

This study addresses the following questions;
1) How does reading The Book of Mormon Diglot Reader compare with reading the Spanish translation of The Book of Mormon in terms of degree of anxiety, frustration, and discouragement experienced by the reader?
2) Will the missionaries using the Diglot Reader experience a greater increase in the amount of Book of Mormon vocabulary acquired as compared with the vocabulary increase experienced by the missionaries who only read from the standard Spanish translation of The Book of Mormon?
3) Does the use of the Diglot Reader increase the missionaries' ability to understand sentences …

Study Of Livestock Production Levels In Three Communities Near The City Of Riobamba, Raul Rolando Nuñez Lopez

Theses and Dissertations

This study was done by administering household surveys to 50% of the families in the three communities. Families were selected through stratified random sampling. This allowed us to determine how much families are exploiting species that have a significant level of production as well as whether they use them for a commercial activity or subsistence. With regard to cows, 60.40 ± 4.72% of families use them. Each family has an average of 1.68 ± 0.21 cows. Productive cows make up 36.9% of the above percentage, which is a majority. The measured rate of production was 6.48 ± 0.25 L/cow/day. Overall, …

Racism And Racial Categorization., J Blascovich, Na Wyer, La Swart, Jl Kibler

School of Psychology

Social identity theory predicts that perceivers strongly identified with an in-group will maximize the distinction and maintain a clear boundary between their own and other groups by categorizing others' membership accurately. Two experiments tested the prediction that racially prejudiced individuals, who presumably identify highly with their racial in-group, are more motivated to make accurate racial categorizations than nonprejudiced individuals. Results indicated that prejudiced participants not only took longer to categorize race-ambiguous targets (Experiments 1 and 2), but also made more nonverbal vocalizations when presented with them (Experiment 1), suggesting response hesitation. The results support the hypothesis that, compared to nonprejudiced …

Early Dry Season Biomass Burning In The Dambo And Miombo Of Zambia, Erica Ann. Hoffa

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Pocket Gopher (Geomys Bursarius) Disturbance On A Tallgrass Prairie In Central Nebraska, Gregory D. Klein

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

The amount of deposited soil from pocket gopher (Geomys bursarius) mounds was quantified on a tallgrass prairie. Five percent of the total surface area was covered by mounds and the rate of mound formation was highest in early October at 64.57 mounds/ha/day. Mound-building activity and air temperature were not significantly related.

The Unionid Mollusks Of The Upper Kansas Basin Of Northwestern Kansas And Southwestern Nebraska, Ellet Hoke

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A qualitative survey of the Upper Kansas Basin resulted in the documentation of a unionid fauna consisting of twenty-one native taxa, as well as the introduced bivalve Corbicula fluminea. Biological diversity was greatest in the extreme eastern portion of the basin with the highest concentrations occurring in the habitat-rich eastern-most creeks. Shifting sand substrates and declining or unstable flows, coupled with intensive grazing of livestock, increasingly limit unionid distributions on an east to west continuum.

The Sphinx Moths (Lepidoptera: Sphingidae) Of Nebraska, Charlie Messenger

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A faunal study of the sphinx moths (Lepidoptera: Sphingidae) of Nebraska is presented. An overview of the family and its two subfamilies is given as well as descriptions of the adults and, when known, the larvae. Each of the 20 genera and 32 species is reviewed. The treatment for each species consists of synonymy, a brief diagnosis, distribution in general, Nebraska locality records, temporal distribution, food host plants, and remarks. The remarks include commentary on how to best distinguish the adults and a brief discussion of biology. A short description of genitalic preparation is included. Distribution maps, showing Nebraska county …

Spontaneous Pressure Diuresis In Conscious Rats, Janet E. Steele, Paul H. Brand, Patricia J. Metting, Steven Loyal Britton

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Pressure diuresis is thought to be a long-term mechanism that is essential for regulation of blood volume and arterial pressure (AP). We recently found that experimentally- induced changes in AP result in changes in urine flow (UF) within 6 seconds in anesthetized rats. To test our hypothesis that the long-term nature of pressure diuresis is the result of the cumulative sum of many short-term changes in UF occurring in response to spontaneous changes in AP, AP (via an aortic catheter) and UF (via a gravimetric method) were measured over 2 hours in 8 conscious, free-moving, chronically …

Rights Of Slaves And Other Owned-Animals, Alan Watson

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …

"Won By Kindness" Versus "Thorough Savages:" Alvar Nunez Cabeza De Vaca And Francis Parkman's Views Of Native Americans, James B. Seymour Jr.

East Texas Historical Journal

No abstract provided.

Alabama-Coushatta Indian Ethnographic, Historical, And Archeological References, Timothy K. Perttula

East Texas Historical Journal

No abstract provided.

Ethj Vol-35 No-1

East Texas Historical Journal

No abstract provided.