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2000

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The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …

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Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro Dec 2000

Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro

Michigan Law Review

In the late 1980s, a series of well-publicized defense contractor abuses brought the ordinarily obscure topic of government contracting into the public eye. These abuses included not only instances of seemingly wasteful charges, like the infamous $600 toilet seat, approved by a complicit Department of Defense, but also examples of truly fraudulent activity such as knowingly overbilling and supplying inferior quality goods. The fraud cases grabbed the public attention for three primary reasons. First, enormous sums of money were involved. Second, the nature of the fraud often posed a direct danger to United States troops, potentially compromising "national security." Finally, …

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Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson Dec 2000

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …

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Endangered Species Protection: A Proposal To Modify The Legislation In Colombia, Adriana Campuzano Dec 2000

Endangered Species Protection: A Proposal To Modify The Legislation In Colombia, Adriana Campuzano

LLM Theses and Essays

The Convention of International Trade of Endangered Species of Wild Fauna and Flora (“CITES”) is praised as a successful international treaty in protecting and preserving endangered species. However, the effectiveness of CITES is reliant upon member States enforcing and implementing CITES provisions. Colombia has enacted laws implementing CITES but has experienced an increase in the number of endangered species despite these laws. On the other hand, the United States’ implementation of CITES through the Endangered Species Act (“ESA”) is viewed as a sophisticated and successful CITES implementation programs. This thesis makes an attempt to offer viable proposals to help improve …

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Exploring Visitor Meanings Of Place In The National Capital Parks - Central, Wei-Li Jasmine Chen Dec 2000

Exploring Visitor Meanings Of Place In The National Capital Parks - Central, Wei-Li Jasmine Chen

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study uses a new approach to interpretative research based on (1) understanding the meanings visitors attach to park resources, and (2) examining the connections that visitors made after attending an on-site interpretive program. The study was conducted at the National Capital Parks in Washington, DC. This study revealed that many visitors to the Lincoln Memorial, the Vietnam Veterans Memorial, and the Korean War Veterans Memorial (i.e. the Triangle) seek something of value for themselves, including everything from connecting with the past and rededicating themselves to the ideals of the nation. The study incorporated mixed method design, including purposeful sampling …

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Convenants, Conditions, And Restrictions: Their Influence On Neighborhood Transitions And Quality Of Life, Mark A. Pecchenino Dec 2000

Convenants, Conditions, And Restrictions: Their Influence On Neighborhood Transitions And Quality Of Life, Mark A. Pecchenino

Master's Projects

Today urban planners have many tools at their disposal to develop, nurture and endorse proper planning techniques in both future urban developments and existing neighborhoods. However, when it comes to existing neighborhood code enforcement many planning departments lack proper funding to efficiently enforce code compliance issues in existing neighborhoods. Financial constraints placed on our urban planning departments, coupled with increasing urban sprawl, make code enforcement of existing neighborhoods difficult and time consuming. Today’s big city planners are investing more time on current issues like rapid growth, affordable housing, water, sewage, traffic congestion, and other pressing infrastructure issues. In general, neighborhood …

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Housing Policies In Santa Clara County: Are They Solving The Housing Crisis?, Bryan Briggs Dec 2000

Housing Policies In Santa Clara County: Are They Solving The Housing Crisis?, Bryan Briggs

Master's Projects

Trying to evaluate complex activities involves one in a series of difficult problems that have not yet been solved. It is particularly difficult to deal with public policymaking, which not only is complex, but also involves many values. Nevertheless, we can develop a rigorous approach to analyzing, evaluating, and improving public policymaking if we start by developing explicit criteria and standards that will replace the implicit assumptions, one-sided views, and halo effects we all use for lack of anything better.

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Zoning For Artists’ Live/Work Space In San Francisco, Sara Krieger Dec 2000

Zoning For Artists’ Live/Work Space In San Francisco, Sara Krieger

Master's Projects

Since the late 1800s land-use planning in America has existed to separate manufacturing, commercial, residential, and agricultural activities to “encourage orderly management into the building and maintenance of cities. One of the first examples of regulating the location of urban land-use activities occurred in New York City. In 1916 a group of prosperous Fifth Avenue merchants wanted to halt the encroachment of Lower Manhattan garment manufacturers to the Upper East Side. The Fifth Avenue Association claimed that such loft buildings would “ruin the ambiance of the streets for their customers”^ by intruding on the residential neighborhood and impacting the property …

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Scotus On Morality And Nature, John E. Hare Dec 2000

Scotus On Morality And Nature, John E. Hare

University Faculty Publications and Creative Works

No abstract provided.

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Comparative Literature As Textual Anthropology, Antony Tatlow Dec 2000

Comparative Literature As Textual Anthropology, Antony Tatlow

CLCWeb: Comparative Literature and Culture

In his article, "Comparative Literature as Textual Anthropology," Antony Tatlow proposes textual anthropology as a critic's approach in the comparative study of literature. If anthropology is "behavioural hermeneutics" (Clifford Geertz) with the implication of self-reflexivity, the anthropologist will be disposed to fashion in the object of attention what is neglected and that can therefore be described as the unconscious of his/her own culture. In an application of his framework, Tatlow relates totemic and utopian thought through the use of animal signs. In his article, Tatlow shows how cultural demands both fashion the ethnographer-critic and select the perspectives he/she must transcend. …

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Comparative Literature And Cultural Identity, Jola Skulj Dec 2000

Comparative Literature And Cultural Identity, Jola Skulj

CLCWeb: Comparative Literature and Culture

In her article, "Comparative Literature and Cultural Identity," Jola Skulj proposes a framework inspired by Mikhail Bakhtin's work. Skulj argues that the validity of cultural identity cannot be an equivalent to the measure of originality of an inherent national subjectivity in it. Such an idea of identity concept, quite acceptable in the nineteenth century, is insufficient to the views in literary studies today. From the standpoint of comparative literature, cultural identity exists only through its own deconstruction and permanent multiplication of several cultural relations. The identity principle of individual cultures is in fact established through the principle of otherness or …

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Is Comparative Literature Ready For The Twenty-First Century?, Eva Kushner Dec 2000

Is Comparative Literature Ready For The Twenty-First Century?, Eva Kushner

CLCWeb: Comparative Literature and Culture

In her article, "Is Comparative Literature Ready for the Twenty-First Century?" Eva Kushner observes that throughout its history, comparative literature has internalized as part of its own objectives and directives a major challenge: The need to renew its problematics and curriculums in response to the inherent diversity of literature within culture. She emphasizes that the vitality of the discipline depends on an authentic pluralism capable of resisting the dominance of unanalyzed hierarchies and universals. Acknowledging that the entire history of world literature remains the potential material of comparative literature studies, Kushner favours an "open system" approach. The concept of an …

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Deference And Disability Discrimination, Rebecca Hanner White Dec 2000

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …

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December 1, 2000, The Daily Mississippian Dec 2000

December 1, 2000, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

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On The Privatisation Of Intelsat, Francis Lyall Dec 2000

On The Privatisation Of Intelsat, Francis Lyall

Journal of Space Law

No abstract provided.

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Recent Publications, Journal Editors Dec 2000

Recent Publications, Journal Editors

Journal of Space Law

No abstract provided.

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The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian Dec 2000

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Articles

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

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Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy Dec 2000

Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

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Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro Dec 2000

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

All Faculty Scholarship

I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …

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Leadership In Computer-Mediated Communication: Implications And Research Directions, Gerard George, Randall G. Sleeth Dec 2000

Leadership In Computer-Mediated Communication: Implications And Research Directions, Gerard George, Randall G. Sleeth

Research Collection Lee Kong Chian School Of Business

Despite the importance of interpersonal influence processes in computer-mediated communication (CMC) environments, the emergence and functioning of leaders in CMC settings remains unstudied. An initial model and propositions address the possible extension of selected leadership models beyond face-to-face (FTF) communications and into the non-face-to-face CMC environment. We (1) model relevant variables for CMC leadership, (2) briefly review the implications of selected leadership models regarding these CMC variables, and (3) extend leadership models into the CMC sphere.

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Rethinking Knowledge And Pedagogy In Dental Education, Joan Whipp Dec 2000

Rethinking Knowledge And Pedagogy In Dental Education, Joan Whipp

College of Education Faculty Research and Publications

Dentistry as a profession has often been considered both art and science. Traditional dental education has attempted to address both; however, in many places only the science of dentistry is emphasized. The move toward competency-based curricula in dental education requires an expansion of what constitutes meaningful knowledge in the curriculum and what pedagogies best support that curriculum. The scientific and technical knowledge considered foundational to clinical practice is not sufficient to teach competencies associated with the art of dentistry. Habermas, a social scientist, offers a way of looking beyond technical knowledge to consider two other forms of knowledge: practical and …

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Hiring To Maintain Mission, Richard D. Breslin Dec 2000

Hiring To Maintain Mission, Richard D. Breslin

Journal of Catholic Education

This article is a direct outgrowth of the appearance of Ex Corde Ecclesiae and the need for Catholic colleges and universities to address their hiring practices in order to maintain their identity as Catholic institutions of higher learning. The author draws a parallel between the personal philosophy of individuals within the community and the perceived, if not real, institutional philosophy of the college or university as Catholic. Catholic institutions can lose their souls while climbing the ladder of success and prestige simply because they have paid insufficient attention to the question of the philosophical fit between their employees and their …

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Ex Corde Ecclesiae: Promises And Challenges, Francis George Dec 2000

Ex Corde Ecclesiae: Promises And Challenges, Francis George

Journal of Catholic Education

How does the mission of the university relate to the mission that Christ gave his Church? This article explores the presuppositions that preceded Ex Corde Ecclesiae and offers an analysis of the recently approved ordinances for its implementation. Candid discussion of the challenges that remain in the implementation process concludes the article. Calling the 1967 Land O’ Lakes Statement by the presidents of the major American Catholic universities “not the path to follow,” the author explains how a successful implementation of Ex Corde Ecclesiae might look.

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Religion And U.S. Culture, James L. Heft Dec 2000

Religion And U.S. Culture, James L. Heft

Journal of Catholic Education

After reviewing the history of the interplay between religion and culture in the U.S., this article explores important facets of contemporary American society that color the experience and meaning of religious faith. Among these are excessive individualism, a heightened awareness of the need for personal integrity, and the desire for personal religious experience. While religion is often treated as a “classroom pariah” at universities, the author argues that there are numerous possibilities for a more full integration of religion into university life and overall American culture.

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Education On The Threshold Of The Third Millennium: Challenge, Mission, And Adventure, Guiseppe Pittau Dec 2000

Education On The Threshold Of The Third Millennium: Challenge, Mission, And Adventure, Guiseppe Pittau

Journal of Catholic Education

On May 18, 1999, the newly appointed Secretary of the Congregation for Catholic Education, the Vatican office for Catholic schools, universities, and seminaries, addressed a gathering of Catholic school administrators at Fordham University. The Most Reverend Giuseppe Pittau, S.J., was invited to deliver an address to the Fifth Annual School Executive Leadership Dinner. Archbishop Pittau brings a wealth of experience to his new position at the Vatican. In his role as Secretary, he shares responsibility for some 900 Catholic colleges and universities, over 3550 seminaries, and tens of thousands of Catholic schools. In his address, Pittau offers a synthesis of …

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Editors’ Comments, Thomas C. Hunt, Ronald J. Nuzzi Dec 2000

Editors’ Comments, Thomas C. Hunt, Ronald J. Nuzzi

Journal of Catholic Education

No abstract provided.

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Eastern Progress - 30 Nov 2000, Eastern Kentucky University Nov 2000

Eastern Progress - 30 Nov 2000, Eastern Kentucky University

Eastern Progress 2000-2001

No abstract provided.

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Observer, Central Washington University Nov 2000

Observer, Central Washington University

Student Newspaper

Student newspaper for Central Washington University for November 30, 2000

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Lanthorn, Vol. 35, No. 15, November 30, 2000, Grand Valley State University Nov 2000

Lanthorn, Vol. 35, No. 15, November 30, 2000, Grand Valley State University

Volume 35, August 24, 2000 - June 14, 2001

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

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Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin Nov 2000

Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.

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