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1998

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Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl Jan 1998

Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …

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The Irony Of Deregulatory Takings, Jim Rossi Jan 1998

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

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Redistribution Through Discriminatory Taxes: A Contractarian Explanation Of The Role Of The Courts, Erin O'Connor Jan 1998

Redistribution Through Discriminatory Taxes: A Contractarian Explanation Of The Role Of The Courts, Erin O'Connor

Vanderbilt Law School Faculty Publications

What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions associated with rent seeking. Perhaps they should protect those chosen to bear the burden of discriminatory treatment regardless of social costs, out of fairness concerns for equal treatment. At a minimum, however, the courts should prohibit taxes that would be unanimously condemned ex ante. In this Article, we show, primarily with cases treating progressive taxation, discriminatory property taxes, and taxes on businesses, that the courts have chosen only this third minimalist …

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Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch Jan 1998

Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch

Vanderbilt Law School Faculty Publications

Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …

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"Batson" For The Bench? Regulating The Peremptory Challenge Of Judges, Nancy J. King Jan 1998

"Batson" For The Bench? Regulating The Peremptory Challenge Of Judges, Nancy J. King

Vanderbilt Law School Faculty Publications

The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be considered along with the other disadvantages of the challenge and weighed against its potential benefits. Nevertheless, if there is one lesson to be learned from the last few decades of scrutiny of the criminal justice system, it is that discretion can and will be used to discriminate. This difficulty weighs heavily against injecting into our justice system additional discretionary opportunities for litigants …

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Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran Jan 1998

Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.

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Diode Lasers And Their Application For Raman Spectroscopy, Richard Bandell Homard Jan 1998

Diode Lasers And Their Application For Raman Spectroscopy, Richard Bandell Homard

Theses and Dissertations

Diode lasers are semiconductor devices and as such are small, relatively inexpensive, and modest in power requirements. They are being used more and more in a variety of spectroscopic measurement systems. Diodes can be configured to provide a single wavelength for Raman measurement or be tuned over a 10-20 nm range for absorption studies. Most commercial diode-based Raman systems currently employ lasers with output powers in the 100-1000 mW range. There are obvious strategic and economic advantages associated with low power diode chemical analyzers, especially those being developed for on-line industrial and environmental monitoring. A diode-based Raman measurement system which …

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Measuring Fine Aggregate Shape By Digital Imaging, Larry David Klotz Jan 1998

Measuring Fine Aggregate Shape By Digital Imaging, Larry David Klotz

Theses and Dissertations

Fine aggregate shape has been identified as a factor in determining asphalt pavement rutting susceptibility. In an effort to improve test methods for measuring aggregate shape characteristics, a video-based, computer-controlled imaging system was developed. Individual aggregate particles were characterized by shape attributes. A neural network classifier used these attributes to calculate a single number classification index that relates to expected performance in asphalt concrete based on angularity. Expert judges were used to train the neural network classifier by scoring a set of particle outlines. Discrepancies in the expert's scores indicate that considerable uncertainties still exist in the concept of 'angularity'. …

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Front Matter -- Quaker Religious Thought, No. 90, Arthur O. Roberts Jan 1998

Front Matter -- Quaker Religious Thought, No. 90, Arthur O. Roberts

Quaker Religious Thought

No abstract provided.

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Ritual Management Of Presence And Absennce: The Liturgical Significance Of Silence, David L. Johns Jan 1998

Ritual Management Of Presence And Absennce: The Liturgical Significance Of Silence, David L. Johns

Quaker Religious Thought

No abstract provided.

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Contributors -- Quaker Religious Thought, Nos. 90, Arthur O. Roberts Jan 1998

Contributors -- Quaker Religious Thought, Nos. 90, Arthur O. Roberts

Quaker Religious Thought

No abstract provided.

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Letter To The Editor, Ann Riggs Jan 1998

Letter To The Editor, Ann Riggs

Quaker Religious Thought

No abstract provided.

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Family-Friendly Backlash—Fact Or Fiction? The Case Of Organizations' On-Site Child Care Centers, Teresa J. Rothausen, Jorge A. Gonzalez, Lisa L. O'Dell, Nicole E. Clarke Jan 1998

Family-Friendly Backlash—Fact Or Fiction? The Case Of Organizations' On-Site Child Care Centers, Teresa J. Rothausen, Jorge A. Gonzalez, Lisa L. O'Dell, Nicole E. Clarke

Management Faculty Publications

Employer offerings of on-site child care benefits have grown tremendously in the past few decades; both beneficial and detrimental effects on worker attitudes and behaviors have been noted. Some research suggests that offering on-site child care benefits can cause resentment among childless workers and/or workers with children who do not use the center. In a field sample of 271 employees (mean age 34.5 yrs), current and past use of the on-site child care center, as well as anticipated future use of the on-site child care center, were related to more positive proximal reactions such as attitudes closely related to the …

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Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley Jan 1998

Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley

Journal Articles

Book review and essay of The Constitution and Criminal Procedure: First Principles by Akhil Reed Amar.

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The Gospel Inn: Paul’S Mission To The Expatriate Communities, David J. Pederson Jan 1998

The Gospel Inn: Paul’S Mission To The Expatriate Communities, David J. Pederson

Faculty Publications and Presentations

No abstract provided.

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Disaggregation Procedures For Stochastic Hydrology Based On Nonparametric Density Estimation, David G. Tarboton, Ashish Sharma, Upmanu L. Lall Jan 1998

Disaggregation Procedures For Stochastic Hydrology Based On Nonparametric Density Estimation, David G. Tarboton, Ashish Sharma, Upmanu L. Lall

Civil and Environmental Engineering Faculty Publications

Synthetic simulation of streamflow sequences is important for the analysis of water supply reliability. Disaggregation models are an important component of the stochastic streamflow generation methodology. They provide the ability to simulate multiseason and multisite streamflow sequences that preserve statistical properties at multiple timescales or space scales. In recent papers we have suggested the use of nonparametric methods for streamflow simulation. These methods provide the capability to model time series dependence without a priori assumptions as to the probability distribution of streamflow. They remain faithful to the data and can approximate linear or nonlinear dependence. In this paper we extend …

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Controlled Environment Potentiostat To Study Solid-Aqueous Systems, R A. Petrie, P. R. Grossl, Ronald C. Sims Jan 1998

Controlled Environment Potentiostat To Study Solid-Aqueous Systems, R A. Petrie, P. R. Grossl, Ronald C. Sims

Biological Engineering Faculty Publications

We designed a redox apparatus that controls electropotenial (Eh), pH, and temperature. The apparatus is fully automated and can be assembled from equipment found in most soil analytical laboratories. The reactor can maintain environmental conditions used to evaluate the chemical fate of contaminants under natural conditions (natural attenuation) or adjust them to a new steady state to evaluate the effect of engineered remediation on a subsurface system. It can operate within a wide range of redox potential values (−400 to 400 mV) and at any pH value. The stability and accuracy of the instrument was tested by performing Eh-pH titrations …

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Assessing And Classifying Studentswith Behavioral Disorders: Some Tips For Improving Practice, Marilyn Likins Ph.D., D. M. Morgan Jan 1998

Assessing And Classifying Studentswith Behavioral Disorders: Some Tips For Improving Practice, Marilyn Likins Ph.D., D. M. Morgan

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

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Employment Expectation Profiles As A Differential Measure Of Employment-Relevant Attitudes Towards People With Disabilities, Michael J. Millington, D. Rosenthal, A. Lott Jan 1998

Employment Expectation Profiles As A Differential Measure Of Employment-Relevant Attitudes Towards People With Disabilities, Michael J. Millington, D. Rosenthal, A. Lott

Special Education and Rehabilitation Counseling Faculty Publications

The ability of the Employment Expectation Questionnaire-Beta version (EEQ-B) to differentially describe employment relevant attitudes towards people with disabilities was investigated. Labels of cognitive disability and gender were manipulated in an analog study. Respondents from a convenience sample of students read stimulus material concerning a job and job applicant and then rated the applicant's qualification for the job. A significant effect was found for disability, but not for gender or interaction effects. Post hoc contrasts suggest that labels of cognitive disability (mental retardation, mental illness, and traumatic brain injury) had a differential effect across the factors of the EEQ-B.

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The Constructs And Practices Of Job Placement, Michael J. Millington, R. Butterworth, S. Fesko, H. Mccarthy Jan 1998

The Constructs And Practices Of Job Placement, Michael J. Millington, R. Butterworth, S. Fesko, H. Mccarthy

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

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Visionaire 24: Light Tom Ford For Gucci, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley, Christopher Bucklow Jan 1998

Visionaire 24: Light Tom Ford For Gucci, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley, Christopher Bucklow

Visionaire

29 unnumbered leaves : illustrations (some color) ; 13 x 33 cm + 1 case (14 x 38 x 6 cm), Collaborated by Tom Ford and Gucci; related to the theme light; consisting of 24 translucent sheets with photographic reproductions of various artists' work, plus instruction sheet, batteries and lighter panel for viewing the images. Twenty-four transparencies to be viewed in a black lucite light-box case. Also one transparent title leaf and four non-transparent leaves (half title, directions, credits, limited edition statement), all 13 x 33 cm. Housed in custom-built slipcase (black lucite slipcase with inner hard foam case containing …

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About The Reviewers, Farms Review Jan 1998

About The Reviewers, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

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Fair Use And Privatization In Copyright, Stephen M. Mcjohn Jan 1998

Fair Use And Privatization In Copyright, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article argues for a broad conception of copyright's fair use doctrine. Economic reliance on property rules has led some to argue that fair use should be limited to cases where market failures do not permit licensing transactions. Otherwise, allocation of rights should be left to the market. This article takes the position that differences between real property and intellectual property undercut the application of the tragedy of the commons to the fair use setting. While real property is a limited resource, intellectual property is not. The same parcel of land may not support an unlimited number of grazing sheep. …

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Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson Jan 1998

Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson

Faculty Scholarship

The organizations and individuals who have produced this report have worked for years to promote environmentally sound federal policy and action with respect to water in the American West. The Western Water Policy Review Advisory Commission's (the "Commission") evaluation of these issues presents an excellent opportunity to address long-standing concerns. We believe the Commission can help advance federal policy to promote sustainable use, management and protection of western waters. We begin with a brief look at current water problems in the West from our perspective. We then identify four general priorities for the federal government: taking steps toward restoring more …

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Strengthening What Remains, Christine Zuni Cruz Jan 1998

Strengthening What Remains, Christine Zuni Cruz

Faculty Scholarship

This paper is intended to encourage discussion and stimulate action and thought as well as to support the ongoing work in tribal courts in this area. We are involved in an ongoing process of developing an indigenous body of law and system of justice. We must pay particular attention to how we are going about the development of our court systems and look closely at what is developing. Incorporating customary law, whether wholly or partially, into our developing legal systems makes them truly unique to our individual tribes and reflective of the concepts we, as Indian people, have of law …

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Cover And Contents Jan 1998

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

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Le Monoxyde De Carbone (Co) Et Les Chariots Élévateurs Au Propane : Y A-T-Il Un Problème? Oui, Pierre Bouliane, France Perron, Brigitte Roberge Jan 1998

Le Monoxyde De Carbone (Co) Et Les Chariots Élévateurs Au Propane : Y A-T-Il Un Problème? Oui, Pierre Bouliane, France Perron, Brigitte Roberge

Fiches

No abstract provided.

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Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman Jan 1998

Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman

Dalhousie Journal of Legal Studies

Recently, Canadian courts have been divided on the issue of whether or in what conditions vicarious liability may be assigned for an employee's act of sexual assault. In particular, the controversy has focused upon the issue of the proper test for gauging whether a sexual assault may be deemed to have been committed within the scope of employment. The most radical new approach to scope of employment in the context of sexual assault has been that of the B.C. Court of Appeal in the case B.(P.A.) v. Curry and its companion judgment T.(G.) v. Griffiths. In B.(P.A.), the B.C. Court …

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Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston Jan 1998

Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston

Dalhousie Journal of Legal Studies

The 1985 Pacific Salmon Treaty between the United States and Canada was intended to establish ongoing cooperative management of the west coast salmon stocks. In recent years, however, disputes over Pacific salmon have recurred, and relations between the parties have become increasingly acrimonious. This paper critically reviews the Pacific Salmon Treaty and identifies aspects of the Treaty which tend to frustrate cooperative relations. From this analysis, it is concluded that concerns over long-term resource conservation and short-term resource allocation are poorly reconciled under the Treaty. Finally recommendations far improving the bilateral salmon management effort are outlined. *** Le Traité sur …

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Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward Jan 1998

Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward

Dalhousie Journal of Legal Studies

On September 17, 1996, Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Grey, Solicitor General of Canada, announced "tough new measures" to deal with dangerous offenders. These measures were introduced in Bill C-55, which received Royal Assent on April 15, 1997. The following comment focuses on only one significant change to the dangerous offender legislation. As part of these measures, the new section 753(4) of the Criminal Code removes a judge's discretion to award a determinate sentence once an accused is found to be a dangerous offender. This discretionary power is which existed in the former …

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