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1998

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Circuit Over Troubled Waters: Ninth Circuit Comparative Fault Principles In Seaman's Personal Injury Actions, Orland S. Seballos Oct 1998

Circuit Over Troubled Waters: Ninth Circuit Comparative Fault Principles In Seaman's Personal Injury Actions, Orland S. Seballos

Washington Law Review

Maritime personal injury actions employ the comparative fault doctrine, under which damages are allocated between mutually negligent parties according to their proportionate fault. This Comment focuses on recurring issues Ninth Circuit courts have faced in this area: apportioning liability in cases of violations by seamen's employers of Occupational Safety and Health Act (OSHA) regulations, and determining whether to include both causation and fault in making the apportionment. This Comment argues that the Ninth Circuit should adopt rules consistent with the pronounced congressional and U.S. Supreme Court policies of achieving uniformity in domestic and international admiralty and providing liberal recovery for …

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Challenging The Norms: Democracy, Empowering Education, And Negotiating The Curriculum, Joshua Sean Thomases Oct 1998

Challenging The Norms: Democracy, Empowering Education, And Negotiating The Curriculum, Joshua Sean Thomases

All Faculty and Staff Papers and Presentations

Discusses the principles of a democratic classroom, and how implementing these principles can create a powerful environment where extensive and in-depth learning truly happens.

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Faculty Senate Chronicle October 1, 1998, Heather M. Loughney Oct 1998

Faculty Senate Chronicle October 1, 1998, Heather M. Loughney

The University of Akron Faculty Senate Chronicle

Minutes for the regular meeting of The University of Akron Faculty Senate on October 1, 1998.

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The Specters Of Gramsci: Revolutionary Praxis And The Committed Intellectual, Peter Mclaren, Gustavo Fischman, Silvia Serra, Estanislao Antelo Oct 1998

The Specters Of Gramsci: Revolutionary Praxis And The Committed Intellectual, Peter Mclaren, Gustavo Fischman, Silvia Serra, Estanislao Antelo

Education Faculty Articles and Research

"However, it is not the purpose of this article to map the shifting trajectories of these debates except to note one general question central to the thesis of this paper that has emerged from these debates: Given current structural and conjunctural conditions such as the capitalization of global culture, the privatization of subjectivity, free market fundamentalism, and the moral collapse of social democracy after the defeat of communism, should the role ofGramsci's "organic" intellectual primarily be restricted to practicing "cultural politics" or should the Gramscian agent challenge in a more direct manner the pernicious power of capital?"

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From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas Oct 1998

From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

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The Fox Guarding The Henhouse: Newman V. King County And Washington's Freedom Of Information Law, Julia E. Markley Oct 1998

The Fox Guarding The Henhouse: Newman V. King County And Washington's Freedom Of Information Law, Julia E. Markley

Washington Law Review

In its 1997 decision Newman v. King County, the Supreme Court of Washington created a categorical exemption for open police files under the Public Disclosure Act (PDA). The court reasoned that if a police file was open, its confidentiality was necessarily "essential for effective law enforcement," and thus came within an exemption from disclosure. As a result of the court's decision, law enforcement agencies need only assert that an investigation is active in order for the public record to be exempt. This Note argues that the majority's broad and abstract opinion is contrary to the law and facts of …

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Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban Oct 1998

Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban

Indiana Law Journal

No abstract provided.

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The Revolution In Higher Education, James V. Koch Oct 1998

The Revolution In Higher Education, James V. Koch

Economics Faculty Publications

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

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Pathogenicity Of An Enterotoxigenic Escherichia Coli Hemolysin (Hlya) Mutant In Gnotobiotic Piglets, Rodney A. Moxley, Emil M. Berberov, David H. Francis, Jun Xing, Mahtab Moayeri, Rodney A. Welsch, Diane R. Baker, Raul G. Barletta Oct 1998

Pathogenicity Of An Enterotoxigenic Escherichia Coli Hemolysin (Hlya) Mutant In Gnotobiotic Piglets, Rodney A. Moxley, Emil M. Berberov, David H. Francis, Jun Xing, Mahtab Moayeri, Rodney A. Welsch, Diane R. Baker, Raul G. Barletta

School of Veterinary and Biomedical Sciences: Faculty Publications

Pigs infected with hemolytic F4+ strains of enterotoxigenic Escherichia coli often develop septicemia secondary to intestinal infection. We tested the hypothesis that inactivation of hemolysin would reduce the ability of F4+ enterotoxigenic E. coli to cause septicemia in swine following oral inoculation. Inactivation of the hemolysin structural gene (hlyA) did not decrease the incidence of septicemia in the gnotobiotic piglet model.

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Newscass: Newsletter Of The Center For Appalachian Studies And Services (Summer/Fall, 1998), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University Oct 1998

Newscass: Newsletter Of The Center For Appalachian Studies And Services (Summer/Fall, 1998), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University

NewsCASS: Newsletter of the Center for Appalachian Studies and Services

NewsCASS (Summer/Fall, 1998), a newsletter of the Center of Excellence for Appalachian Studies and Services (formerly Center for Appalachian Studies and Services) at East Tennessee State University.

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Under The Danube Canopy: The Future Of International Waterway Law, Michael A. Hyman Oct 1998

Under The Danube Canopy: The Future Of International Waterway Law, Michael A. Hyman

William & Mary Environmental Law and Policy Review

No abstract provided.

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Endnotes: New Current And Leading Indexes For Massachusetts, Alan Clayton-Matthews Oct 1998

Endnotes: New Current And Leading Indexes For Massachusetts, Alan Clayton-Matthews

Public Policy and Public Affairs Faculty Publication Series

Appearing in this issue of Benchmarks is a new current index and a new leading index for the state of Massachusetts. The current index is composed of four state-level economic indicators that move concurrently with the commonwealth's economy: establishment employment, the unemployment rate, withholding taxes, and sales taxes. The index is normalized at 100 in July 1987. Its average trend growth over 1978–96 is set to equal the trend growth of real gross state product. The current index indicates whether the economy is expanding or contracting and at what rate it is doing so. It provides a more comprehensive and …

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Economic Currents: The State Of The State Economy, Alan Clayton-Matthews Oct 1998

Economic Currents: The State Of The State Economy, Alan Clayton-Matthews

Public Policy and Public Affairs Faculty Publication Series

The rising trade deficit that originated in the Pacific Rim Tiger economies in the summer of 1997 and then spread to Japan is now inundating the Massachusetts economy. For months we felt its benefits: lower import prices due to the relatively strong dollar; lower raw materials prices, thanks to the drop in worldwide demand; and lower interest rates because of the flight to quality U.S. securities. Now the flip side has become evident. East Asian purchases of American goods have plummeted; they are simply too expensive for these countries to afford. The strong dollar is causing American-made goods to be …

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Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii Oct 1998

Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

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Darwinian Discourse. Review Of "Social Darwinism In European And American Thought, 1860-1945" By M. Hawkins And "Darwinian Myths: The Legends And Misuse Of A Theory" By E. Caudill, Robert C. Bannister Oct 1998

Darwinian Discourse. Review Of "Social Darwinism In European And American Thought, 1860-1945" By M. Hawkins And "Darwinian Myths: The Legends And Misuse Of A Theory" By E. Caudill, Robert C. Bannister

History Faculty Works

No abstract provided.

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Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres Oct 1998

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …

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Analysis Of The Interpolation Error Between Multiresolution Images, Bryan S. Morse Oct 1998

Analysis Of The Interpolation Error Between Multiresolution Images, Bryan S. Morse

Faculty Publications

Many rendering or image-analysis systems require calculation of versions of an image at lesser resolutions than the original. Because the filtering required to perform such calculations accurately cannot typically be done in real time, many systems use interpolation between images at precalculated resolutions. This discrete sampling of the scale component of multiresolution image spaces is analogous to spatial sampling in discrete images. This paper quantifies and bounds the error that can be introduced during such interpolation as a function of the scale-space sampling rate used. A method is presented that uses the diffusion equation to relate spatial derivatives to scale …

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Evidence Of Initial-State Two-Center Effects For (E, 2e) Reactions, Sindu P. Jones, Don H. Madison Oct 1998

Evidence Of Initial-State Two-Center Effects For (E, 2e) Reactions, Sindu P. Jones, Don H. Madison

Physics Faculty Research & Creative Works

Coincidence, or (e, 2e), measurements of electron-impact ionization of atoms have established that the largest values of triply differential cross sections are obtained in collisions involving small momentum transfer to the target. Absolute measurements for these reactions are now available for hydrogen at 54.4-eV impact energy, and relative data have recently been reported at 27.2 eV. Previous theoretical works have concentrated on employing asymptotically correct two-center wave functions for the final state, leaving the initial state described by the Born approximation. Here we report results for which asymptotically correct two-center wave functions are used for both the initial and final …

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Foreword, James E. Coleman Jr. Oct 1998

Foreword, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.

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Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat Oct 1998

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat

Law and Contemporary Problems

Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.

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Racial Disparity And The Death Penalty, John C. Mcadams Oct 1998

Racial Disparity And The Death Penalty, John C. Mcadams

Law and Contemporary Problems

McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.

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Model Limitations, Randy Yerrick, Linda James, Jon E. Pedersen Oct 1998

Model Limitations, Randy Yerrick, Linda James, Jon E. Pedersen

Department of Teaching, Learning, and Teacher Education: Faculty Publications

SPACE EXPLORATION HAS SPAWNED MORE interest in science among teachers and students than any other topic in recent science education history, and teachers can use space science as an opportunity to encourage students to observe and make new discoveries for themselves. Many times, however, we run into obstacles. One trend we have noticed is that students can form misunderstandings based on simplistic explanations such as catchy astronomy activities on the back of cereal boxes, cartoon renderings of life on the Moon, or linear models in textbooks depicting the Solar System. These misrepresentations of science present problems for instructors.

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The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love Oct 1998

The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love

Faculty Publications

Storytelling-particularly storytelling written from an "outsider's" perspective-is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals. At the same time, critics are questioning whether storytelling deserves to be classified as a form of legal scholarship. Perhaps storytellers are to be regarded as talented and creative writers, but do they truly deserve to be called legal scholars? At first, the debate was local, arising in the context of the deliberations of appointments committees and tenure committees. Now the debate is national, and it is being conducted on the pages …

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Editorial Board Oct 1998

Editorial Board

Cal Poly Magazine

No abstract provided.

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Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver Oct 1998

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …

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Descending Through Drums: A Field Based Study Of The Yeve And Brekete Religions And Their Music, Michael C. Spiker Oct 1998

Descending Through Drums: A Field Based Study Of The Yeve And Brekete Religions And Their Music, Michael C. Spiker

African Diaspora ISPs

Descending Through Drums is an interpretive field study of two traditional religious groups called Brekete and Yeve. Based on four weeks of field research in Ghana, with the majority of time spent in the coastal villages of the southeastern Volta Region. Through specific experiences, the research aims at explaining the rituals of the two religions, the music, and the functions of the cults; and how they might explain the phenomenon of spirit medium ship and possession.

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Spiritual Check-Up:The Art Of Healing In Anlo-Afiadenyigba, Volta Region, Caroline Walker Mills Oct 1998

Spiritual Check-Up:The Art Of Healing In Anlo-Afiadenyigba, Volta Region, Caroline Walker Mills

African Diaspora ISPs

This paper is the result of three weeks of fieldwork studying a traditional healer in the Volta Region,Ghana. It provides a short biography on the Priest Husunivi Avuworda and an explanation of the system of gods and deities among the Ewes.It explains the process and results of divination through the afa oracle. Through studying the beliefs about the causes of mental illnesses, as well as the methods of treatment, this paper provides insight to the importance of spirituality in traditional healing. The cases documented within reveal the evidence necessary to understand the non-separable relationship between the spiritual world and illness …

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Forum, Volume 21, No. 2, Fall 1998, Florida Humanities Council, Rick Edmonds Oct 1998

Forum, Volume 21, No. 2, Fall 1998, Florida Humanities Council, Rick Edmonds

FORUM: The Magazine of Florida Humanities

Contents: From the Executive Director: The Sports Fan: Endangered Species? -- Fandom Considered -- The Evolution of the Florida Sports Fan -- Late Arrivals: Women and African Americans -- The Last Word

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What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow Oct 1998

What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow

Faculty Scholarship

No abstract provided.

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Symposium Introduction, Peter Nash Swisher Oct 1998

Symposium Introduction, Peter Nash Swisher

Connecticut Insurance Law Journal

No abstract provided.

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