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2000

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Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr. Oct 2000

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.

Michigan Law Review

In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …

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The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Oct 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Michigan Law Review

In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …

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Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz Oct 2000

Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz

Michigan Law Review

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …

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Grade Distribution - Fall Semester 2000, Office Of Registrar Oct 2000

Grade Distribution - Fall Semester 2000, Office Of Registrar

Semester Schedules and Information

No abstract provided.

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Review Of Touched With Our Feelings: A Historical Survey Of Adventist Thought On The Human Nature Of Christ, By J.R. Zurcher; Translated By Edward E. White, Denis Fortin Oct 2000

Review Of Touched With Our Feelings: A Historical Survey Of Adventist Thought On The Human Nature Of Christ, By J.R. Zurcher; Translated By Edward E. White, Denis Fortin

Faculty Publications

No abstract provided.

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Exploring The Creative Voice In An Academic Context, Laura Brearley Oct 2000

Exploring The Creative Voice In An Academic Context, Laura Brearley

The Qualitative Report

Who we are changes what we write about and how we write. Simply stated, if the academy is to change, if our views of reality are to be more inclusive, then we need to take a broader view of authorial voices… Tierney and Lincoln, 1997 This paper challenges the traditional paradigm of densely referenced text and the use of a passive, 'neutral' researcher's voice. It draws on current doctoral research that is using creative modes of data representation to examine managers' experiences of transition in organisational life. Within this research, ten managers from an educational institution are being tracked through …

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Editorial Introduction, Christina Cruz, Melissa Freeman, Rebecca Rogers Oct 2000

Editorial Introduction, Christina Cruz, Melissa Freeman, Rebecca Rogers

The Qualitative Report

No abstract provided.

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Why Urban Parents Resist Involvement In Their Children’S Elementary Education, Peter Mcdermott, Julia J. Rothenburg Oct 2000

Why Urban Parents Resist Involvement In Their Children’S Elementary Education, Peter Mcdermott, Julia J. Rothenburg

The Qualitative Report

We examined the perceptions of teachers and parents about family involvement in urban schools. The study generated from several others that we have been conducting about teaching in high poverty, urban schools. Using focus groups, our purpose was to learn how we could better prepare teachers for urban schools. The data revealed that teachers are frustrated with a lack of parental involvement in literacy activities at home and at school. Parents, however, expressed distrust toward the local elementary school because they felt the faculty has been biased against African American and Latino children and their families. Consequently, the parents said …

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Imposters In The Sacred Grove: Working Class Women In The Academe, Melanie L. Long, Gaye Ranck Jenkins, Susan Bracken Oct 2000

Imposters In The Sacred Grove: Working Class Women In The Academe, Melanie L. Long, Gaye Ranck Jenkins, Susan Bracken

The Qualitative Report

The authors of this paper take a critical approach within ethnographic narrative to explore issues of power, class and agency in their experiences as working class women in the academe. After first revealing their working class roots through personal narratives, they employ Clance's Impostor Phenomenon to explore and discuss their experiences as working-class women within the Scared Grove of the academe. Results seem to indicate a dichotomy between their working class values and the expectations of university academics. Results also reveal that men faculty are their current allies, indicating that, for these three working class women in the academe, class …

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Case Study Of Classroom Practice: A Quiet Form Of Research, Janice Showler Oct 2000

Case Study Of Classroom Practice: A Quiet Form Of Research, Janice Showler

The Qualitative Report

This paper documents the use of ethnographic research methods as a heuristic for inquiry and teaching. More specifically, it focuses on reflection as situated at the heart of teacher-research, including research conducted by prospective English language arts teachers. In a retrospective analysis of her student's case studies in literacy at an urban site, a teacher researcher explores whether and how her students come to "know their knowledge." She explores students' construction of knowledge and theories of practice, how these develop over time and what impact they may have on teaching and learning. These constructions inform not only her students' practice …

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The Federalism Cases, Leon Friedman Oct 2000

The Federalism Cases, Leon Friedman

Hofstra Law Faculty Scholarship

The Constitution is an anachronism, 200 years out of date. Although the Bill of Rights is adequate, much of the Constitution relates to a world we no longer face. Certainly it is true that the whole fight in adopting and ratifying the Constitution was between the federalists and the anti-federalists. The anti-federalists did not want a central government because a central government with a standing army could march on the States and use their weapons to impose all kinds of tyranny and deprive the States of their liberty. The whole push and pull of the Philadelphia Convention, the Constitution, and …

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Bouncing The Tightrope: The S.E.C. Attacks Selective Disclosure, But Provides Little Stability For Analysts, J. Scott Colesanti Oct 2000

Bouncing The Tightrope: The S.E.C. Attacks Selective Disclosure, But Provides Little Stability For Analysts, J. Scott Colesanti

Hofstra Law Faculty Scholarship

Part I of this article summarizes Regulation FD. Part II summarizes the "traditional" treatment accorded analysts by the S.E.C., private 1Ob-5 plaintiffs, and the courts, and describes two efforts in the 1990s by the Supreme Court and the Congress to remove analysts and similar ancillary players from the ever-burgeoning 1Ob-5 caseload. Part III provides a background for an evaluation of the analyst's role by discussing his duties in corporate disclosure settings and the accolades consistently received therefor. Part IV discusses the possible flaws in Regulation FD while encouraging the S.E.C. to complete the more arduous, but surely more direct, approach …

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Assessing The New Judicial Minimalism, Christopher J. Peters Oct 2000

Assessing The New Judicial Minimalism, Christopher J. Peters

All Faculty Scholarship

In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …

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Manifesto: October 2000, Volume 4, Issue 12, Manifesto: Oct 2000

Manifesto: October 2000, Volume 4, Issue 12, Manifesto:

Manifesto

No abstract provided.

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Foreword To The Fiftieth Volume, Robinson O. Everett Oct 2000

Foreword To The Fiftieth Volume, Robinson O. Everett

Duke Law Journal

No abstract provided.

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Foreword To The First Volume (Reprinted), Robinson O. Everett Oct 2000

Foreword To The First Volume (Reprinted), Robinson O. Everett

Duke Law Journal

No abstract provided.

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Interpreting “Place Of Public Accommodation” Under Title Iii Of The Ada: A Technical Determination With Potentially Broad Civil Rights Implications, Matthew A. Stowe Oct 2000

Interpreting “Place Of Public Accommodation” Under Title Iii Of The Ada: A Technical Determination With Potentially Broad Civil Rights Implications, Matthew A. Stowe

Duke Law Journal

No abstract provided.

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Journal Staff Oct 2000

Journal Staff

Duke Law Journal

No abstract provided.

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Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin Oct 2000

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Duke Law Journal

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and …

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A Nondelegation Doctrine For The Digital Age?, James Boyle Oct 2000

A Nondelegation Doctrine For The Digital Age?, James Boyle

Duke Law Journal

No abstract provided.

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Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende Oct 2000

Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende

Duke Law Journal

No abstract provided.

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Icann And The Problem Of Legitimacy, Jonathan Weinberg Oct 2000

Icann And The Problem Of Legitimacy, Jonathan Weinberg

Duke Law Journal

Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …

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Reconsidering The Sham Affidavit Doctrine, Collin J. Cox Oct 2000

Reconsidering The Sham Affidavit Doctrine, Collin J. Cox

Duke Law Journal

No abstract provided.

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Statement, Fall / Winter 2000-2001, Office Of Alumni Relations. Morehead State University Oct 2000

Statement, Fall / Winter 2000-2001, Office Of Alumni Relations. Morehead State University

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from Fall / Winter of 2000-2001.

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Water Conservation In Urban Landscapes, Roger Kjelgren, Larry Rupp, Doug Kilgren Oct 2000

Water Conservation In Urban Landscapes, Roger Kjelgren, Larry Rupp, Doug Kilgren

Plants, Soils, and Climate Faculty Publications

As limited fresh-water supplies, particularly in arid regions, meet increased urban demand for water, landscape water conservation will become more important. A variety of methods to conserve water and/or moderate demand are available to water managers and consumers. Precision landscape irrigation can moderated demand to levels needed to meet plant and system uniformity needs. Precision-irrigated turf landscapes still consume large amounts of water. The value of extensive turfgrass in golf courses, formal gardens, and recreational fields can often offset the cost of water. In many landscapes turf is used out of habit or ease and cost of installation, with little …

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Library Guide, Roger Williams University School Of Law Library Oct 2000

Library Guide, Roger Williams University School Of Law Library

Law Library Guide

No abstract provided.

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Law Library Illuminations, Roger Williams University School Of Law Library Oct 2000

Law Library Illuminations, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

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Law Library Illuminations, Roger Williams University School Of Law Library Oct 2000

Law Library Illuminations, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

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Rational Actors Or Rational Fools - The Implications Of Psychology For Products Liability: Introduction, Carl T. Bogus Oct 2000

Rational Actors Or Rational Fools - The Implications Of Psychology For Products Liability: Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

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Address/Articles/Bibliography/Book Notices/Symposia Oct 2000

Address/Articles/Bibliography/Book Notices/Symposia

Journal of Maritime Law and Commerce

No abstract provided.

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