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Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

History Of The Forum On Physics And Society, David W. Hafemeister

Physics

Physics is a major component of many of society's difficult issues: nuclear arms and their proliferation, energy shortages and energy impacts, climate change and technical innovation. Because physics principles underlie so many of these societal issues and because physics offers a way to quantify some aspects of them, members of the American Physical Society (APS) should be encouraged to understand, analyze and debate them. That's precisely why APS members formed the Forum on Physics and Society (FPS). To those of us who have been long involved in FPS affairs, it seems but yesterday that we attended the organizing meeting at …

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …

Logic Synthesis For A Regular Layout, Marek Perkowski, Yang Xu, Malgorzata Chrzanowska-Jeske

Electrical and Computer Engineering Faculty Publications and Presentations

New algorithms for generating a regular two-dimensional layout representation for multi-output, incompletely specified Boolean functions, called, Pseudo-Symmetric Binary Decision Diagrams (PSBDDs), are presented. The regular structure of the function representation allows accurate prediction of post-layout areas and delays before the layout is physically generated. It simplifies power estimation on the gate level and allows for more accurate power optimization. The theoretical background of the new diagrams, which are based on ideas from contact networks, and the form of decision diagrams for symmetric functions is discussed. PSBDDs are especially well suited for deep sub-micron technologies where the delay of interconnections limits …

Treatment Strategies Used To Teach Adults Diagnosed With Mental Retardation Appropriate Interpersonal Skills, Laurie S. Youngblood

Graduate Research Papers

Currently, the care of individuals diagnosed with mental retardation is moving toward meeting their needs in the least restrictive environment. Mildly retarded individuals are being guided away from the custodial care of institutions to normalized apartment settings. This integration into the mainstream of society, which allows the retarded individuals to lead as normal a life as possible, is the goal of normalization process. An expected outcome of community living is that these individuals will have increased opportunities to meet people and develop relationships. Living and working in a more free environment is a great challenge for the individual with mental …

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …

A 'Milder Measure Of Villainy': The Unknown History Of 42 U.S.C. Sec. 1983 And The Meaning Of 'Under Color Of' Law, David J. Achtenberg

Faculty Works

Chapter 42 U.S. C. § 1983, was originally enacted as section 1 of the Ku Klux Act. Not surprisingly, the history of the Ku Klux Act has played an important role in the interpretation of 42 U.S. C. § 1983. Unfortunately, the generally accepted history of the Ku Klux Act is incomplete, distorted, and, in some respects, demonstrably wrong.

The conventional history of the Ku Klux Act is flawed in three respects. First, it omits the first several chapters of the story. The conventional history begins with Grant's March 23, 1871, message to the Forty-second Congress and completely overlooks the …

Volume 29 - Topical Index

Seton Hall Law Review

No abstract provided.

Inequalities In California's Public School System: The Undermining Of Serrano V. Priest And The Need For A Minimum Standards System Of Education, Hanif S. P. Hirji

Loyola of Los Angeles Law Review

No abstract provided.

Head Movement And Vision In Underwater-Feeding Birds Of Stream, Lake, And Seashore, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Studies head movement and vision in underwater-feeding birds. Review of relevant literature on the physiological and behavioral aspects of vision; Role of vertical head movement as an aid in the acquisition of visual information.

Existence Of And Responses To Violence In Georgia Elementary Schools, Marie Craig Hooks

College of Graduate Studies: Theses & Dissertations (1964–2006)

Most elementary schools throughout the nation are safe environments in which young children are achieving and flourishing. However, as the literature confirms that elementary schools are experiencing an increase in incidents of school violence (Petersen, 1997, National Parent Teacher Association, 1993, Sauerwein, 1995), it is imperative that principals examine both proactive and reactive means of responding to these violence issues should they arise in their schools. Disciplinary consequences addressing violent acts which have been used historically in secondary and middle schools are not always available to elementary principals nor are they developmentally appropriate for young perpetrators of violent acts.

The …

Calvello V. Yankton Sioux Tribe: Shoring Up Tribal Sovereign Immunity Against The Flood Of Commercial Transactions Involving Tribally Owned Businesses, Heath Oberloh

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Franchise Modification And Constitutional Confrontation: An Avoidable Crisis Of Consumer Expectations And Investor Trust, Daniel Wm. Fessler, Cynthia Mcarthur Morelli

South Dakota Law Review

No abstract provided.

South Dakota Trust Amendments And Economic Development: The Tort Of Negligent Trust Situs At Its Incipient Stage, Michael J. Myers, Rollyn H. Samp

South Dakota Law Review

No abstract provided.

Taking Indian Land Into Trust, Mary Jane Sheppard

South Dakota Law Review

No abstract provided.

When Insurance Companies Do Bad Things: The Evolution Of The Bad Faith Causes Of Action In South Dakota, Roger M. Baron

South Dakota Law Review

No abstract provided.

Yusef Komunyakaa: Questioning Traditional Metaphors Of Light And Darkness, Katarzyna Jakubiak

Dissertations and Theses @ UNI

The theory of language promoted by cognitive linguistics points to metaphor as the crucial element of language and thought: a mode of thinking which determines our perception of reality. Stressing the importance of metaphor in our everyday life, George Lakoff, Mark Johnson, and Mark Turner state that the nature of poetic metaphors is the same as the nature of conventional metaphors which appear in "standard" language. Creating poetic metaphors, poets simply explore "conventional" metaphors, using four major strategies: expanding, elaborating, composing, and questioning. Focusing on questioning as the main strategy through which American "multicultural" literatures can undermine basic Western concepts …

Effect Of Bacteriocinogenic Starter Cultures On The Growth Of Listeria Monocytogenes In Turkish Fermented Sausage (Sucuk), İrfan Erol, T. Haluk Çeli̇k, Ufuk Tansel Şi̇reli̇, Haydar Özdemi̇r

Turkish Journal of Veterinary & Animal Sciences

The objective of this study was the inhibition of L. monocytogenes (SLCC 9488) serotype 4b, indicated great importance in foodborne listeriosis, by using bacteriocin producer starter cultures as Pediococcus acidilactici PAC 1.0 and Lactobacillus sake Lb 706 in fermented Turkish sausage (sucuk), ripened at 20° and 25°C. For this purpose, 4 groups were constituted in each experimental sucuk producing as following. All of these groups were inoculated with L. monocytogenes at the range of 7.0 - 2.9x10^5 cfu/g, and the other groups except control group following starter cultures were added. 1.Group : Included only L. monocytogenes at the range of …

State Liability For Environmental Violations: The U.S. Supreme Court’S 'New' Federalism, Robert L. Glicksman, Stephen R. Mcallister

GW Law Faculty Publications & Other Works

This article examines whether the Supreme Court’s decisions in Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, restrict the ability of Congress to regulate state compliance with federal environmental statutes. The article discusses the various enforcement mechanisms identified in Alden v. Maine and that remain valid, notwithstanding any Eleventh Amendment or constitutional immunity the States may retain. The article concludes that the Supreme Court’s federalism decisions will likely have limited practical impact upon Congress’ authority to enact and ensure the enforcement of environmental statutes.

Judicial Review Of The Manual For Courts-Martial, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In the Manual for Courts-Martial, the President of the United States has established the procedural, evidentiary, and other rules that govern many aspects of the military justice system. This article describes and analyzes nine arguments that litigants have advanced when asking courts to ignore or invalidate Manual provisions: (1) The Manual provision is merely precatory; (2) The Manual provision conflicts with the Uniform Code of Military Justice (UCMJ); (3) The Manual provision conflicts with another Manual provision; (4) The Manual provision conflicts with a federal regulation; (5) The President lacked authority to promulgate the Manual provision; (6) The Manual provision …

Antidumping Law As Means Of Facilitating Cartelization, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

The article uses a specific case to illustrate how three multinational firms used antidumping law to create cartels in Europe and in the United States. It goes on to show how easy it is to use antidumping law to facilitate cartellization and to suggest that this practice is probably common. The author urges antitrust authorities to use the filing of antidumping complaints to trigger antitrust investigations.

Note: A revised version of this working paper is forthcoming in Antitrust Law Journal.

An Anthropological Approach To Modern Forfeiture Law: The Symbolic Function Of Legal Actions Against Objects, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In 1996, the Supreme Court issued two opinions, Bennis v. Michigan and United States v. Ursery, emphasizing the constitutionality of civil forfeiture schemes under both the Due Process and Double Jeopardy Clauses of the Fifth Amendment. These decisions, and civil forfeiture schemes generally, have faced strong criticism from scholars and civil libertarians. Among the arguments advanced against civil forfeiture has been one based on its origins. The so-called "legal fiction" underlying forfeiture is that the government is acting against the property itself, rather than against the owner. Commentators have traced this fiction to the Middle Ages. Under the law of …

A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner

GW Law Faculty Publications & Other Works

Neither Congress, the procuring agencies, the media, nor the public will condone government contractors reaping what are perceived as excessive profits. Accordingly, the procurement process employs an unduly complex, burdensome, risk-laden, and ineffective mechanism that erects significant barriers to civil/military integration. This paper (presented at the 1999 Defense Systems Management College (DSMC) Acquisition Research Symposium) examines certain policy implications associated with the Truth In Negotiations Act (TINA), the existing audit regime, and the use of criminal and civil anti-fraud measures to scrutinize deviations from these complex cost, pricing, and profit policies and controls. It re-visits the long-extinct Renegotiation Act and …

A User's Guide To Proposals To Replace The U.S. Tax System And Strangle Fiscal Policy, Neil H. Buchanan

GW Law Faculty Publications & Other Works

This article reviews several familiar plans to alter the structure of taxation, including the flat tax, a VAT, and the USA Tax. With the significant exception of a simplified income tax system, every plan to replace the current U.S. federal tax system would move us in precisely the wrong direction. These plans would abandon income taxation entirely in an attempt to solve problems that do not exist, and they are based on a flawed ideal of a neutral tax code. The companion to these plans is an even more misguided set of proposals (some in the form of constitutional amendments) …

Home Schooling, Julie L. Lange

Graduate Research Papers

This study addresses the issue of home schooling in our state and our nation. Benefits and disadvantages associated with home schooling are discussed. Guidelines for planning a successful home schooling program are outlined for parents. Conclusions were drawn from the literature review, and recommendations were made for the future of home schooling.

Reading In The Kindergarten, Christine E. Resch

Graduate Research Papers

This study examines the effectiveness of implementing a formal reading program in the Kindergarten. Past and present reading instruction methods were reviewed. Benefits, as well as problems, associated with such implementation and instruction were discussed and conclusions were drawn from the literature. Guidelines and recommendations for implementing various approaches to the teaching of reading in the Kindergarten were outlined.

Conjunctive Use Of Surface Water And Groundwater For Sustainable Agricultural Production, Richard C. Peralta

Civil and Environmental Engineering Faculty Publications

This report is a guide to aid conjunctive water use in stream-aquifer systems. Conjunctive use refers to coordinated use of groundwater and surface water resources. This document discusses principles useful for field engineers and agricultural experts. It presents hydrologic and hydraulic principles and quantitative and qualitative parameters relating to sustainable conjunctive use. It provides tools and software.

Morphological Characteristics Of The Central Anatolian (A. M. Anatoliaca) And Caucasian (A. M. Caucasica) Honey Bees, H. Vasfi̇ Gençer, Çeti̇n Firatli

Turkish Journal of Veterinary & Animal Sciences

The 42 honey bee colonies collected from 5 apiaries at 4 different localities in the Central Anatolia and breeder stock of Turkish Development Foundation (TKV) were used as the material of this research. The 32 morphological characteristics were determined for the Central Anatolian ecotypes (A. m. anatoliaca) obtained from Kırşehir, Beypazarı, Çankırı and Eskişehir and for the Caucasian race (A. m. caucasica). The discriminant analysis procedures were applied to morphological data measured from 25 workers from each colony and the results showed that the Central Anatolian ecotypes and Caucasian race constituted two distinct groups. The Central Anatolian ecotypes formed an …

The Prospect Of Educational Technology In Tibetan Schools In India, Penpa Dorjee

Graduate Research Papers

The purpose of this research paper was to determine the prospect of educational technology in Tibetan schools in India. In order to look at this, an attempt has been made to determine the present status of technology in Tibetan schools by collecting data through survey, telephone interview, electronic mail, on-line resources, and documents published by related organizations.

This paper also focuses on the present situation of the Tibetan schools, and looks at the primary problems of technology integration into the schools. Through survey and telephone interview, an attempt was made to determine the attitude and motivation of teachers, administrators, and …