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2001

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Performance -Based Assessment: Teacher Perceptions Of Implementation And Related Potential Outcomes, Gary Martin Shudak Dec 2001

Performance -Based Assessment: Teacher Perceptions Of Implementation And Related Potential Outcomes, Gary Martin Shudak

Student Work

The purposes of this study were to determine: (a) whether and to what extent teachers' perceptions of a district-wide performance-based student assessment program (PBA) correlated with teacher demographics (sex, age, years in the district, years teaching, regular or special education, grade level/subject area taught, elementary or secondary assignment, year of undergraduate degree, and highest level of education attained); (b) whether and to what extent teachers' perceptions of the implementation of PBA correlated with their perceptions of PBA's effects on teaching behaviors, professional identity, relationships with others in the profession, and student achievement; (c) the extent to which teachers felt the …


Poetry And The State: The Politics Of Nabat Tradition In Kuwait, Abdullah Alajmi Dec 2001

Poetry And The State: The Politics Of Nabat Tradition In Kuwait, Abdullah Alajmi

Master's Theses

This thesis analyzes the relationship between the practice of an old tribal Bedouin oral tradition (Nabat poetry) and the politics of the nation-state in Kuwait. The historical context of this tradition, its development within modern state boundaries, and its current role in the politico-cultural exchange are all examined. Anthropological, ethnohistorical, and Arabic local printed resources are used. In addition, Bedouin oral traditions and personal observation are employed for final analysis. Unlike the pre-state Nabat, the current practice is institutionalized to become an essential aspect of state modern processes. A connection is suggested between the emphasis (in the current practice of …


Nonresident Winter Visitor Profile: A Study Of Winter Visitors To Montana, Norma Nickerson, Thale Dillon Dec 2001

Nonresident Winter Visitor Profile: A Study Of Winter Visitors To Montana, Norma Nickerson, Thale Dillon

Institute for Tourism and Recreation Research Publications

Provides an assessment of characteristics of nonresident winter visitors to Montana during the 2000-2001 winter season. This report describes the winter visitor in terms of demographics, trip characteristics, travel behavior and expenditures in the state, as well as provides an updated estimate of economic impact of winter travelers in the state. The report also serves to update information gathered during ITRR's previous nonresident winter study in 1997-1998.


Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Preface, Journal Of Law Reform Dec 2001

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

A preface to a University of Michigan Journal of Law Reform symposium entitled The Americans With Disabilities Act: Directions for Reform.


Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein Dec 2001

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA …


Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Dec 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


The Death Of Section 504, Ruth Colker Dec 2001

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …


Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr Dec 2001

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from …


Major Problems Associated With The West Virginia Forest Sector As Perceived By West Virginia Division Of Forestry Service Foresters, Michael Allen Westfall Ii Dec 2001

Major Problems Associated With The West Virginia Forest Sector As Perceived By West Virginia Division Of Forestry Service Foresters, Michael Allen Westfall Ii

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study was designed to identify problems facing the forest sector in West Virginia as perceived by West Virginia Division of Forestry Service Foresters.;The descriptive method of research using questionnaire techniques was utilized in the study. Data were obtained from 48 service foresters (73% response).;Overall means were determined for each statement. The population was assumed a sample of service foresters at a point in time, thus the use of inferential statistics. Statistical procedure used for analyzing the data was analysis of variance statistical tests.;The results show that 4 of the 48 problem statements were rated as severe problems with a …


Investigation Of Diesel Soot-Mediated Oils And Additive Package On Wear, Santhosh Kumar Balla Dec 2001

Investigation Of Diesel Soot-Mediated Oils And Additive Package On Wear, Santhosh Kumar Balla

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the current study, a statistically designed experiment was developed to study the effects of soot contaminated engine oil on wear. The variables that were considered were the Base stock (Group1, Group2), Dispersant level and ZDP level. The above three variables were formulated at two levels: Low (-1), and High (1), which resulted in 23 matrix (8 oil blends). Soot was also one of the variables and was tested at three levels: Low (-1), Medium (0) and High (1).;A three-body-wear machine was employed to simulate and estimate the extent of wear, as it is very difficult to test each oil …


Study Of West Virginia Wood Industry Roundwood Consumption In 1999, O'Dell Emanuel Tucker Dec 2001

Study Of West Virginia Wood Industry Roundwood Consumption In 1999, O'Dell Emanuel Tucker

Graduate Theses, Dissertations, and Problem Reports (ETD)

Use of wood composite products has increased over the last decade in the market for construction material. Softwood species and soft hardwood species are the preferred forest resources for manufacturing these products. Reduction in available softwood forest resources from the Western states has forced a shift to use of more soft hardwood species in the Northeast. What impact this shift may have on the forest resources in the Northeast is not known.;The objective of this study was to canvass primary wood manufacturers in and around the forest of West Virginia and determine how roundwood consumption has changed since the shift …


Property Rights And Liability Rules: The Ex Ante View Of The Cathedral, Lucian Arye Bebchuk Dec 2001

Property Rights And Liability Rules: The Ex Ante View Of The Cathedral, Lucian Arye Bebchuk

Michigan Law Review

This Article aims to contribute to the study of how the law should allocate and protect entitlements in the presence of externalities. In their classic article published thirty years ago, Calabresi and Melamed studied such questions and offered what they labeled "one view of the Cathedral." I seek to add to the inquiry started by Calabresi and Melamed by offering an ex ante perspective and analyzing how allocations of entitlements affect parties' ex ante actions and investments. Suppose that an upstream Factory would benefit from an activity that would pollute a river and harm an activity conducted by a downstream …


The Pathological Politics Of Criminal Law, William J. Stuntz Dec 2001

The Pathological Politics Of Criminal Law, William J. Stuntz

Michigan Law Review

Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the …


Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …


Recent Books, Michigan Law Review Dec 2001

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


Interactions Among Environmental Drivers: Community Responses To Changing Nutrients And Dissolved Organic Carbon, Jennifer L. Klug, Kathryn L. Cottingham Dec 2001

Interactions Among Environmental Drivers: Community Responses To Changing Nutrients And Dissolved Organic Carbon, Jennifer L. Klug, Kathryn L. Cottingham

Dartmouth Scholarship

Biological communities are frequently exposed to environmental changes that cause measurable responses in properties of the community (hereafter called environmental drivers). Predicting how communities respond to changing environmental drivers is a fundamental goal of ecology. Making predictions, however, can be very difficult, particularly when multiple environmental drivers change simultaneously and there are interactions among the drivers. We investigated the effects of the interaction between changes in nutrient loading and changes in colored dissolved organic matter (measured as dissolved organic carbon, DOC) on the dynamics of phytoplankton communities over a 7‐yr period. In 1991, Long Lake, a small seepage lake in …


Aimé Césaire And Gestures Toward The Universal, Gary Leising Dec 2001

Aimé Césaire And Gestures Toward The Universal, Gary Leising

CLCWeb: Comparative Literature and Culture

In his paper, "Aimé Césaire and Gestures toward the Universal," Gary Leising argues that Césaire's Notebook of a Return to the Native Land presents a speaker struggling with his own identity, torn between a double consciousness of his black African heritage and his French-European education. This dichotomy appears in the poem in terms of his perceptions of his ancestry as well as in symbols of the masculine and feminine in the surrounding landscape. For the speaker, the African appears as the "real" around him, while the European is an "absent presence," and he confronts the two at the poem's climax, …


164th Infantry News: December 2001, 164th Infantry Association Dec 2001

164th Infantry News: December 2001, 164th Infantry Association

164th Infantry Regiment Publications

December 2001 edition of the 164th Infantry News. A total of 16 pages, containing news articles, event notices, photographs, and personal memories from the veterans of the 164th Infantry Regiment.


Chemical Analysis And Toxicity Study Of Macartney Rose, Bachlien Dang Dec 2001

Chemical Analysis And Toxicity Study Of Macartney Rose, Bachlien Dang

Theses (Pre-2016)

The Macartney rose (Rosa bracteata) is a noxious evergreen shrub, which grows in mild climates. This is a rose that will climb trees and smoother small buildings if given a chance! It is climbing and trailing from large clumps which may merge, forming impenetrable thickets. Its stems have thorns, which are nasty, hooked affairs, and leaves that are oval shape with serrate margin. The rose is also called "Fragrant White Climbing Rose". It blooms in late spring with smaller repeats throughout the rest of summer, and fruits ripen in late fall. The plant is a troublesome plant that grows abundantly …


The Emerging Law Of Referee Malpractice, Jason Loomis Dec 2001

The Emerging Law Of Referee Malpractice, Jason Loomis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Labor Law - Workers' Compensation - Eligibility - Scholarship Athlete Injured During Varsity Football Game Was Held Not To Be A University Employee And Was Therefore Stripped Of A Workers' Compensation Award - Waldrep V. Texas Employers Insurance Ass'n, 21 S.W.3d 692 (Tex. App. 2000), Petition For Review Denied, (Tex. Nov. 16, 2000) (No. 00-0929)., William C. Baton Dec 2001

Labor Law - Workers' Compensation - Eligibility - Scholarship Athlete Injured During Varsity Football Game Was Held Not To Be A University Employee And Was Therefore Stripped Of A Workers' Compensation Award - Waldrep V. Texas Employers Insurance Ass'n, 21 S.W.3d 692 (Tex. App. 2000), Petition For Review Denied, (Tex. Nov. 16, 2000) (No. 00-0929)., William C. Baton

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Table Of Contents Dec 2001

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Growth Of Ncaa Women's Rowing: A Financial, Ethical And Legal Analysis, Scott R. Rosner Dec 2001

The Growth Of Ncaa Women's Rowing: A Financial, Ethical And Legal Analysis, Scott R. Rosner

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Next On Floor Exercise, Dominique Dawes©: The Difficulties In Copyrighting Athletic Routines, William J. Fishkin Dec 2001

Next On Floor Exercise, Dominique Dawes©: The Difficulties In Copyrighting Athletic Routines, William J. Fishkin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats Dec 2001

The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The 1972 U.S.-Soviet Abm Treaty: Cornerstone Of Stability Or Relic Of The Cold War?, James A. Ewing Dec 2001

The 1972 U.S.-Soviet Abm Treaty: Cornerstone Of Stability Or Relic Of The Cold War?, James A. Ewing

William & Mary Law Review

No abstract provided.


The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk Dec 2001

The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk

William & Mary Law Review

No abstract provided.


Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank Dec 2001

Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank

William & Mary Law Review

No abstract provided.


Who Should Know? - The Disclosure Debate Over Genetic Information, J. Andrew Maniko Dec 2001

Who Should Know? - The Disclosure Debate Over Genetic Information, J. Andrew Maniko

Seton Hall Journal of Legislation and Public Policy

No abstract provided.