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1998

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Articles 10501 - 10530 of 13009

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In Situ Method For Estimating Forage Protein Degradability, Ryan Mass, Greg Lardy, Rick Grant, Terry J. Klopfenstein Jan 1998

In Situ Method For Estimating Forage Protein Degradability, Ryan Mass, Greg Lardy, Rick Grant, Terry J. Klopfenstein

Nebraska Beef Cattle Reports

Four experiments including vegetative and dormant forages tested modifications of the in situ neutral detergent fiber nitrogen (NDFN) method of estimating forage undegraded intake protein (UIP). Experiments 1, 2 and 3 tested bag size, closure, rinsing, density, and reflux conditions. None of the modifications affected in situ NDFN content. Experiment 4 compared rates of in situ NDFN digestion calculated with or without correction for undegradability. A close relationship exists between rates calculated by the two methods. Modifications make the improved in situ NDFN method a more desirable means of estimating forage UIP than the standard method.


"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy Jan 1998

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.


Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf Jan 1998

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.


Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane Jan 1998

Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane

Cardozo Journal of Equal Rights & Social Justice

The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.


Women's Annotated Legal Bibliography Jan 1998

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell Jan 1998

Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Deconstructing Caputo's Demythologizing Heidegger, George Connell Jan 1998

Deconstructing Caputo's Demythologizing Heidegger, George Connell

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Liturgy And Ecumenism: What Next?, Eugene L. Brand Jan 1998

Liturgy And Ecumenism: What Next?, Eugene L. Brand

Institute of Liturgical Studies Occasional Papers

(Excerpt)

This year, 1998, marks the twentieth anniversary of the Lutheran Book of Worship (LBW) that we celebrate together with the fiftieth anniversary of the Institute of Liturgical Studies here at Valparaiso University. My personal debt to the institute goes back to 1956 when I persuaded my internship supervisor to allow me to attend the institute in Michigan. That meeting introduced me to some of the giants of the previous generation-Arthur Carl Piepkorn, Berthold von Schenk, AR. Kretzmann and M. Alfred Bichsel-and gave me a vision of what worship among Lutherans might be. Then, following my return from doctoral studies …


Law, Language And Lenity, Lawrence Solan Jan 1998

Law, Language And Lenity, Lawrence Solan

Faculty Scholarship

No abstract provided.


The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe Jan 1998

The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe

Faculty Scholarship

No abstract provided.


We're All Capitalist Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto Jan 1998

We're All Capitalist Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto

Faculty Scholarship

No abstract provided.


Conditions Optimales D'Utilisation Des Nettoyants À Plancher : Gras Animaux Et Végétaux Sur Vinyle Et Grès, Philippe L'Homme, Sylvain Lamoureux, François Quirion Jan 1998

Conditions Optimales D'Utilisation Des Nettoyants À Plancher : Gras Animaux Et Végétaux Sur Vinyle Et Grès, Philippe L'Homme, Sylvain Lamoureux, François Quirion

Rapports de recherche scientifique

Ce rapport présente et discute les résultats obtenus par QI Recherche et Développement Technologique dans le cadre de l'activité de recherche "Conditions optimales d'utilisation des nettoyants à plancher : Gras animaux et végétaux sur vinyle et grès". Le projet de recherche a débuté le 4 juillet 1997 pour se terminer avec le dépôt de ce rapport final, le 10 juin 1998. Cette activité s'inscrit dans l'effort de recherche de l'IRSST pour réduire l'incidence des chutes et glissades qui, entre 1993 et 1995, ont été à l'origine de plus de 12,800 cas de lésions chez les travailleurs du Québec.

Cette …


Annual Survey Of Virginia Law: Employment Law, M. Christina Floyd Jan 1998

Annual Survey Of Virginia Law: Employment Law, M. Christina Floyd

University of Richmond Law Review

There have been a variety of developments in employment law since the Annual Survey of Virginia Law last included an article on this topic. This article focuses primarily upon two significant areas: (1) wrongful discharge and (2) employment contract claims which have been litigated since September 1996. Public sector employment, unemployment compensation, and workers' compensation are not addressed in this article.


Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch Jan 1998

Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch

University of Richmond Law Review

This article addresses the most significant developments in the law of workers' compensation since September 1997. The areas discussed consist of the following: (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; (4) panels of physicians; and (5) 1998 legislative changes affecting workers' compensation. Emphasis has been placed on the most important developments in this area of law with respect to decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, as well as new legislation.


Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss Jan 1998

Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss

University of Richmond Law Review

Until recently, little attention has been given to whether states and other actors comply with the agreements they negotiate. The assumption has been that most states comply with most international law most of the time. There is, however, strong reason to question this assumption. As was apparent in the Breard case, which involved implementation and compliance with the consular convention, states do not necessarily comply with the international agreements they join, particularly when they involve implementation at the provincial/state and local levels.


Night And Day: Coeur D’Alene, Breard, And The Unraveling Of The Prospective-Retrospective Distinction In Eleventh Amendment Doctrine, Carlos Manuel Vázquez Jan 1998

Night And Day: Coeur D’Alene, Breard, And The Unraveling Of The Prospective-Retrospective Distinction In Eleventh Amendment Doctrine, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The Supreme Court's decision in Edelman v. Jordan has been read to establish a distinction between suits seeking prospective relief from a state official's violation of federal law (which are not barred by the Eleventh Amendment under Ex parte Young) and suits seeking retrospective relief from the state (which are barred by the Eleventh Amendment, even if the officer is the defendant). Commentators and the lower courts have long had difficulty understanding and applying the distinction. Until recently, the principal effect of the Edelman line of cases has been to bar suits seeking damages and similar monetary relief from …


Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor Jan 1998

Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article is a response to Fidelity Without Translation by Richard Epstein (1997).

Explaining why a body of work is influential is inevitably a complex matter, but part of the success of Professor Epstein’s writings undoubtedly stems from their grounding in the original understanding of the Constitution. He has claimed the mantle of the framers, and that claim gives his reading of the takings clause a deep resonance it would not otherwise have.

Explicitly rejecting Epstein’s reading of the clause and the history that lay behind its adoption, the author has previously advanced his own view of the original understanding …


The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag Jan 1998

The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The Board of Immigration Appeals is on the verge of making a tragic mistake, trading away a key element of fair adjudication--the written opinion--for the sake of what it hopes will be greater administrative efficiency. The cost of eliminating written adjudication is too great, and the Board has given no indication that it has sufficiently canvassed less drastic alternatives.

The Board of Immigration Appeals (the "Board") is the primary appellate body for immigration law. The "staple" of its work is to decide appeals from decisions of Immigration Judges in removal proceedings, though it also hears appeals in several other categories, …


Stylistic Analysis Of Pictographs And Petroglyphs In Hells Canyon, Robyn L. Johnson Jan 1998

Stylistic Analysis Of Pictographs And Petroglyphs In Hells Canyon, Robyn L. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Contradictions Of Mainstream Constitutional Theory, Kimberlé W. Crenshaw, Gary Peller Jan 1998

The Contradictions Of Mainstream Constitutional Theory, Kimberlé W. Crenshaw, Gary Peller

Faculty Scholarship

For the last four decades, some form of "process" theory has dominated conventional constitutional theory, on the bench and in the academy. The organizing, usually implicit, background assumption is that the exercise of governmental power – whether by legislatures or courts – is to be tested for normative legitimacy against a set of procedures. Writing as critics of the basic framework of process theory, Professors Kimberli Crenshaw and Gary Peller discuss the contributions and constraints of a proceduralist constitutional law discourse. In light of direct democracy initiatives claiming the power of legislation, and a substantively conservative judiciary defining the "law," …


Free Speech And Good Character, Vincent A. Blasi Jan 1998

Free Speech And Good Character, Vincent A. Blasi

Faculty Scholarship

Early proponents of the freedom of speech such as John Milton, John Stuart Mill, and Louis Brandeis emphasized the role expressive liberty plays in strengthening the character of persons entrusted with such freedom. These theorists argued that character traits such as civic courage, independence of mind, and the capacity to learn from experience and adapt are nurtured by trusting citizens with dangerous ideas. Today there is much talk about good character in relation to free speech disputes-but all on the side of those who would regulate speakers. It is time to remember that a concern about character cuts both ways …


Judicial Resolution Of Issues About Religious Conviction, Kent Greenawalt Jan 1998

Judicial Resolution Of Issues About Religious Conviction, Kent Greenawalt

Faculty Scholarship

What can judges and lawyers learn about religion from those whose field is religious studies, and from others who can illuminate the phenomenon of religion? Using examples provided in Winnifred Fallers Sullivan's paper, I want to place this general question within the fabric of free exercise law.

What I say assumes that some legal issues she raises have reasonably clear answers. Given the cavalier way the Supreme Court turned free exercise law upside down in Employment Division v. Smith, and given its harsh reception of the Religious Freedom Restoration Act (RFRA), which had received overwhelming Congressional support, little in this …


Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman Jan 1998

Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman

Reviews

Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …


Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert Jan 1998

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …


Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers Jan 1998

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …


The Effect Of Nitrogen Source On Photoinhibition In Marine Phytoplankton, Karen E. Culver-Rymsza Jan 1998

The Effect Of Nitrogen Source On Photoinhibition In Marine Phytoplankton, Karen E. Culver-Rymsza

Open Access Dissertations

No abstract provided.


The Relationship Of Glucose Testing Attitudes And Behavior To The Stages Of Change: Application Of The Transtheoretical Model To Diabetes, Janet Marie Dryfoos Jan 1998

The Relationship Of Glucose Testing Attitudes And Behavior To The Stages Of Change: Application Of The Transtheoretical Model To Diabetes, Janet Marie Dryfoos

Open Access Dissertations

No abstract provided.


Commercial Underground Radio And The Sixties: An Oral History And Narrative, Michael Curtis Keith Jan 1998

Commercial Underground Radio And The Sixties: An Oral History And Narrative, Michael Curtis Keith

Open Access Dissertations

No abstract provided.


Free Radicals, Hair Melanin, And Human Hair. Terephthalate Anion: A Probe For Hydroxyl Radicals, Xinhua Qu Jan 1998

Free Radicals, Hair Melanin, And Human Hair. Terephthalate Anion: A Probe For Hydroxyl Radicals, Xinhua Qu

Open Access Dissertations

No abstract provided.


Economic Analysis Of Flounder Aquaculture, David Andrew Zucker Jan 1998

Economic Analysis Of Flounder Aquaculture, David Andrew Zucker

Open Access Dissertations

No abstract provided.