Digital Commons Network^™

Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove

Case Western Reserve Journal of International Law

No abstract provided.

Academic Calendar | Undergraduate & Graduate Schedules Of Classes For 2000, Fall | Class Schedule, Office Of The Registrar, Stony Brook University

Calendars

No abstract provided.

Iron And Manganese In The Ross Sea, Antarctica: Seasonal Iron Limitation In Antarctic Shelf Waters, Peter N. Sedwick, Giacomo R. Ditullio, Denis J. Mackey

OES Faculty Publications

Dissolved iron and manganese and total dissolvable iron were measured in water column samples from the Polynya Region of the southern Ross Sea in cruises in Nov.-Dec. 1994 (spring 1994) and Dec. 1995 to Jan. 1996 (summer 1995). Iron and manganese addition bottle incubation experiments were also performed on these cruises to assess the nutritional sufficiency of ambient iron and manganese concentrations for phytoplankton growth. Generally high dissolved iron concentrations (>0.5 nM) and relatively complex iron and manganese vertical profiles were obtained in spring 1994 vs. summer 1995. Dissolved iron concentrations in the upper water column averaged 1.0 nM …

Judicial Termination Of Treaty Water Rights: The Snake River Case, Judith Royster, Michael C. Blumm, Dale D. Goble, Mary Christina Wood

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Application Of A Polymerase Chain Reaction-Elisa To Detect Wuchereria Bancrofti In Pools Of Wild-Caught Anopheles Punctualatus In A Filariasis Control Area In Papua New Guinea, Moses J. Bockarie, Peter U. Fischer, Steven A. Williams, Peter A. Zimmerman, Lysaght Griffin, Michael P. Alpers, James W. Kazura

Biological Sciences: Faculty Publications

Chemotherapy-based eradication programs are aimed at stopping transmission of Wuchereria bancroftiby its obligatory mosquito vector. This study compares one year post-treatment W. bancrofti infection rates of Anopheles punctulatus, the main vector of lymphatic filariasis in Papua New Guinea, using traditional dissection techniques and a polymerase chain reaction (PCR)-based ELISA of a parasite-specific Ssp I repeat. A total of 633 mosquitoes in 35 batches were dissected. Six batches contained W. bancrofti-infected mosquitoes, giving a minimum infection rate of 0.9%. This value was not different than the actual infection rate, which was 9 (1.4%) of 633 mosquitoes (P� 0.48). The DNA was …

In Search Of Best Efforts: Reinterpreting Bloor V. Falstaff, Victor P. Goldberg

Faculty Scholarship

When contracting parties cannot quite define their obligations, they often resort to placeholder language, like "best efforts." They (and their counsel) likely have little idea of what they might mean, but, so long as they avoid litigation, it will not matter much. But "best efforts" clauses are on occasion litigated, and courts must read content into them. In Bloor v. Falstaff, a casebook favorite, the court held that Falstaff s lackluster promotional efforts for Ballantine beer violated its best efforts covenant. So far as I can tell, no commentators have questioned this outcome. Indeed, some commentators have found Falstaff …

The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke

Faculty Scholarship

In this Commentary, Professor Katherine Franke offers an analysis on Richard Delgado and Jean Stefancic's California's Racial History and Constitutional Rationales for Race-Conscious Decision Making in Higher Education and Rebecca Tsosie's Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights. These two Articles, she observes, deploy history for the purposes of justifying certain contemporary normative claims on behalf of peoples of color: affirmative action in higher education for Delgado and Stefancic, and sovereignty rights for native peoples in Tsosie's case. Franke explores the manner in which stories of past conquest and discrimination contribute to contemporary conceptions of racial …

The Legal Construction Of Adolescence, Elizabeth S. Scott

Faculty Scholarship

American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …

Of Prosecutors And Special Prosecutors: An Organizational Perspective, H. Geoffrey Moulton Jr., Daniel Richman

Faculty Scholarship

The Independent Counsel (IC) statute, designed to restore public trust in the impartial administration of criminal justice after Watergate, ultimately fueled rather than quieted the perception that partisan politics drives the investigation of high-ranking government officials. Congress, in an inspiring display of bipartisanship, bid it a muted farewell. The statute's fate was sealed by the enormous controversy surrounding the investigation conducted by Independent Counsel Kenneth Starr.

Although Start did not bring criminal charges against President Clinton, his office went pretty far in that direction, committing considerable enforcement resources to that end, bringing criminal charges against people believed to have information …

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt

Faculty Scholarship

The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …

Localism And Regionalism, Richard Briffault

Faculty Scholarship

Localism and regionalism are normally seen as contrasting, indeed conflicting, conceptions of metropolitan area governance. Localism in this context refers to the view that the existing system of a large number of relatively small governments wielding power over such critical matters as local land use regulation, local taxation, and the financing of local public services ought to be preserved. The meaning of regionalism is less clearly defined and proposals for regional governance vary widely, but most advocates of regionalism would shift some authority from local governments, restrict local autonomy, or, at the very least, constrain the ability of local governments …

The Dark Side Of Grandparent Visitation Rights, Stephen A. Newman

Other Publications

No abstract provided.

The Nature And Function Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The practice of teaching and writing in the field of criminal law has changed dramatically in the last half-century. In the United States and England, and to a lesser extent in other English-speaking countries, we have witnessed a turn toward theoretical inquires of a greater depth and variety than had existed previously in the history of Anglo-American law. The subjects of this new literature include the nature and rationale of punishment; the theory of justification and of excuse, that is, of wrongdoing and responsibility; the relevance of consequences to the gravity of offenses (the problem of moral luck); and the …

Biochemical Composition Of Particles And Dissolved Organic Matter Slong An Estuarine Gradient: Sources And Implications For Dom Reactivity, Antonio Mannino, H. Rodger Harvey

OES Faculty Publications

The chemical composition of high molecular weight dissolved organic matter (DOM) and particulate organic matter (POM) was examined along the salinity gradient of the Delaware Estuary. DOM was collected and fractionated by tangential-flow ultrafiltration into 1-30 kDa (HDOM; high molecular weight) and 30 kDa to 0.2 μm (VHDOM; very high molecular weight) and compared to particles collected in parallel. Polysaccharides comprised 12-43% of particulate organic carbon (POC), 30-56% of VHDOM carbon, and 7.5-19% of HDOM carbon. Hydrolyzable amino acids comprised 17-38% of POC, 5.4-12% of VHDOM carbon, and 1.5-4.2% of HDOM carbon. Only 7-43% of dissolved organic nitrogen in VHDOM …

International Copyright: From A "Bundle" Of National Copyright Laws To A Supranational Code?, Jane C. Ginsburg

Faculty Scholarship

In recent years, the number and content of substantive norms that international copyright treaties impose on member states have increased considerably. It is therefore appropriate to consider the extent to which those instruments have in effect created an international (or at least multinational) copyright code, as well as to inquire what role national copyright laws do and should have in an era not only of international copyright norms, but of international dissemination of copyrighted works. This Article first considers the displacement of national norms through the evolution of a de facto international copyright code, elaborated in multilateral instruments such as …

The Wacky World Of Collision & Comprehensive Coverages: Intentional Injury & Illegal Activity Exclusions, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Case For Formalism In Relational Contract, Robert E. Scott

Faculty Scholarship

The distinguished scholars who gathered last year to honor Ian Macneil and to reflect on his contributions to the understanding of contract and contract law represent diverse methodologies, and they approach the vexing problems raised by relational contracts from different normative perspectives. But on one point, I daresay, they all agree: the central task in developing a plausible normative theory of contract law is to specify the appropriate role of the state in regulating incomplete contracts. Complete contracts (to the extent that they exist in the real world) are rarely, if ever, breached since by definition the payoffs for every …

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced. My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses.

Issues of constitutional structure and function are among the most daunting …

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 1999 As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Generations: Borges And His Progeny, David Laraway

Faculty Publications

"Jovenes, imatad a Borges!" Legend has it that these were the parting words of novelist Witold Gombrowicz as he set sail for his native Poland after spending the duration of World War II in Argentina (King xi). Gombrowicz perceived---correctly, as it turns out-that subsequent generations of writers would need to reconcile themselves to Borges before they could find their own voices. To be sure, Borges was not always engaged willingly by his immediate successors, and anecdotes about the suspicions with which he was regarded by the so-called Boom writers are as ubiquitous as the traces of his presence in their …

"Not So Fast Mr. Wilson" A Review Of "Genes, Genesis, And God" In Natural And Human History By Holmes Rolston, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Eucharist As Basic Training: Liturgy, Ethics, And The Body, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Communication And Freedom: An Althusserian Reading Of Media-Government Relations, Bonnie Brennen

College of Communication Faculty Research and Publications

This essay draws on the work of French philosopher Louis Althusser, particularly his contributions to the development of ideology, in an assessment of the relationship between communication ana freedom. Althusser's understanding of freedom as an ideological creation not only privileges the role of ideology in the construction of social relationships, but also calls into question the complex interplay between media, society, and freedom. The current billion-dollar anti-drug public service announcement deal is interrogated in an effort to illustrate how the United States government has been inserting ideologically driven propaganda into prime time television shows with the full co-operation and approval …

The Tricks Of Academe, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

Hone Sludge Metal As An Alternative Partial Substitute Of Sand In Concrete, Cynthia Garcia-Guillen

Dissertations and Theses @ UNI

Many metal industries in Iowa and throughout the United States produce a hone sludge, a product of the cutting and polishing metal work process. This sludge is listed by the EPA as a hazardous waste. The disposal of this sludge has become an enormous burden to the manufacturer in terms of time, storage, transportation, and disposal costs.

The purpose of this study is to determine the performance characteristics of using hone sludge (byproduct of the metal industry) as a partial substitute of fine aggregate (sand) in concrete. This would reduce the disposal cost of the sludge and reduce hazardous releases …

First Amendment - Government-Owned Broadcasters Retain The Right To Control Political Candidates' First Amendment Right Of Access To Sponsored Debates - Arkansas Educational Television Commission V. Forbes, 523 U.S. 666 (1998)., Agnes Antonian

Seton Hall Constitutional Law Journal

No abstract provided.

First Amendment - Freedom Of Association - Membership Organizations Covered Under New Jersey's Law Against Discrimination Have No Protectable Interest To Justify Terminating Boy Scout Members Based On Sexual Preference - Dale V. Boy Scouts Of America, 160 N.J. 562 (1999), Cert. Granted, 2000 Wl 21144 (U.S.N.J. Jan 14, 2000) (No. 99-699)., David J. Treacy

Seton Hall Constitutional Law Journal

No abstract provided.

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.

Intervention Selection For Students With Asperger's Disorder, Tracy Lynn Gappa

Dissertations and Theses @ UNI

The diagnosis of Asperger's Disorder (AsD) is a relatively recent possibility. Although first described in 1944, AsD was not recognized until its inclusion in the Fourth Edition of the Diagnostic and Statistical Manual of Mental Disorders in 1994. Due to the newness of the disorder and because of a lack of a consensual definition, there is considerable confusion among researchers in this field. For those children with characteristics of AsD, the confusion has resulted in misdiagnosis and, more importantly, inappropriate interventions. Individuals with AsD have deficits in several areas that impair their ability to function normally in the educational environment, …

An Exploration Of Social Withdrawal In Adolescence, Ryan Lee Channel

Dissertations and Theses @ UNI

Social withdrawal is most frequently described in the literature as a form of social maladjustment characterized by a lack of prosocial and cooperative behaviors combined with shyness, anxiety, and oversensitivity leading to withdrawal from social interactions and avoidance of the peer group. Social withdrawal can lead to rejection by the peer group, with the assumption being that peers would not necessarily reject the socially withdrawn student if the child interacted appropriately in social situations. The opposite, however, may also be true. The rejection by peers may be the cause of the social withdrawal. This study focuses on an adolescent who …