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2002

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Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine Jan 2002

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …

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A Footnote For Jack Dawson, James J. White, David A. Peters Jan 2002

A Footnote For Jack Dawson, James J. White, David A. Peters

Articles

Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …

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Looking Back On Planned Parenthood V. Casey, Christina B. Whitman Jan 2002

Looking Back On Planned Parenthood V. Casey, Christina B. Whitman

Articles

Scholarship that tells us what is really at stake in the lives of people affected makes the law honest and responsive. Whether or not it directly shapes doctrine, this type of scholarship can capture imagination and influence judgment. The Michigan Law Review has published some of the best of this work: Yale Kamisar's articles on coerced confessions, Terry Sandalow's essay on affirmative action, Joe Sax and Phillip Hiestand's description of the emotional impact of living in a slum, Martha Chamallas and Linda Kerber's demonstration of how injuries that uniquely befall women have been dismissed as merely emotional wrongs, and, most …

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Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

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The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar Jan 2002

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

Articles

After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2

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Center For Psychological Studies Specialist Program School Psychology, Nova Southeastern University Jan 2002

Center For Psychological Studies Specialist Program School Psychology, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

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The Genetic Toolbox: An Exploration Of Genetic Manipulation Through Glass Sculpture, Heather Jones Jan 2002

The Genetic Toolbox: An Exploration Of Genetic Manipulation Through Glass Sculpture, Heather Jones

Theses

Not listed.

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Harnessing Cultural Diversity To Stimulate Organizational Learning, Mary G. Trefry, Gildas Vaillant Jan 2002

Harnessing Cultural Diversity To Stimulate Organizational Learning, Mary G. Trefry, Gildas Vaillant

WCBT Faculty Publications

No abstract provided.

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A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss Jan 2002

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg Jan 2002

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

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Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman Jan 2002

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

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Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower Jan 2002

Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Applying The Constructivist Framework To Elementary School Social Studies: Benefits For Young Learners And Preservice Teachers, Nancy P. Gallavan Jan 2002

Applying The Constructivist Framework To Elementary School Social Studies: Benefits For Young Learners And Preservice Teachers, Nancy P. Gallavan

Northwest Journal of Teacher Education

The constructivist framework provides elementary school teachers with pedagogical guidance and professional support particularly effective for teaching and learning social studies benefiting both their young learners and their preservice teachers. Research conducted with approximately 100 elementary school teachers produced three key conditions for applying the constructivist framework competently to social studies education. Findings from this research revealed that elementary school teachers believe that foremost they must he cognizant of and proficient in their: (1) knowledge, skills, and attitudes of social studies content and purposes, (2) understanding for developing social studies curriculum and methods for communicating the social studies effectively both …

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2002-2003 Lindenwood University Graduate Course Catalog, Lindenwood University Jan 2002

2002-2003 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

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2002-2003 Lindenwood University Undergraduate Course Catalog, Lindenwood University Jan 2002

2002-2003 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

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Nietzsche And "An Architecture Of Our Minds" (Book Review), Gary Shapiro Jan 2002

Nietzsche And "An Architecture Of Our Minds" (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche and "An Architecture of our Minds," edited by Alexandre Kostka and Ivan Wohlfarth. Los Angeles: Getty Research Institute for the History of Art and the Humanities, 1999.

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Nietzsche, Philosophy And The Arts (Book Review), Gary Shapiro Jan 2002

Nietzsche, Philosophy And The Arts (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche, Philosophy and the Arts," edited by Salim Kemal, Ivan Gaskell, and Daniel W. Conway. Cambridge: Cambridge University Press, 1998.

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Descriptive Epidemiology Of Body Mass Index Of An Urban Adult Population In Western India, H. C. Shukla, P. C. Gupta, H. C. Mehta, James R. Hébert Jan 2002

Descriptive Epidemiology Of Body Mass Index Of An Urban Adult Population In Western India, H. C. Shukla, P. C. Gupta, H. C. Mehta, James R. Hébert

Faculty Publications

Study objective: To describe height, weight, and body mass index (BMI) of the adult urban population in Mumbai, western India and to estimate the prevalence and severity of thinness and overweight in this population. To describe the association of BMI with education, age, and tobacco habits in an urban Indian population. Design: Cross sectional representative survey of 99 598 adults (40 071 men and 59 527 women). Setting: The survey was carried out in the city of Mumbai (formerly known as Bombay) in western India. Participants: Men and women aged >35 years who were residents of the main city of …

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Accounting For The Slow Growth Of American Privacy Law, Rodney A. Smolla Jan 2002

Accounting For The Slow Growth Of American Privacy Law, Rodney A. Smolla

Law Faculty Publications

American privacy law is surprisingly weak. If privacy law were a stock, its performance over the last century would not be deemed impressive.  It has been a consistently poor achiever, barely keeping up with inflation. I speak here of privacy law in the tort sense, and the four torts that are classically understood to comprise invasion of privacy: 1) false light; 2) publication of private facts; 3) intrusion; and 4) appropriation. Of these four torts, only appropriation (or "the right of publicity") has been a ripping success for plaintiffs, a genuine high-return stock, and a species of intellectual property, even …

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Simulating Shape Changes During Electrodeposition: Primary And Secondary Current Distribution, Venkat R. Subramanian, Ralph E. White Jan 2002

Simulating Shape Changes During Electrodeposition: Primary And Secondary Current Distribution, Venkat R. Subramanian, Ralph E. White

Faculty Publications

A technique based on the analytical method of lines is presented for predicting shape changes during electrodeposition. The technique is presented for both primary and secondary current distributions. The method presented does not require iterations for nonlinear Butler-Volmer boundary conditions or changing electrode shapes. The technique is based on a semianalytical method developed earlier for predicting current distributions in electrochemical cells. This technique is attractive because it provides a symbolic solution for the Laplace equation, and hence requires less computation time to perform case studies.

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Electrical Conductivity Monitoring Of Soil Condition And Available N With Animal Manure And A Cover Crop, R. A. Eigenberg, John W. Doran, John A. Nienaber, Richard B. Ferguson, B. L. Woodbury Jan 2002

Electrical Conductivity Monitoring Of Soil Condition And Available N With Animal Manure And A Cover Crop, R. A. Eigenberg, John W. Doran, John A. Nienaber, Richard B. Ferguson, B. L. Woodbury

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Development of sustainable agricultural management systems will depend, in part, on the ability to better use renewable resources, such as animal manure, and to synchronize the levels of soil available N with crop plant needs during the growing season. This study was conducted at the US Meat Animal Research Center in the central USA to determine whether differences in electromagnetic (EM) soil conductivity and available N levels over a growing season can be linked to feedlot manure/compost application and use of a green winter cover crop. A series of soil conductivity maps of a research cornfield were generated using global …

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Oviducal Sperm Storage In Turkeys: Spatial Distribution Of Sperm Within The Uterovaginal Junction Sperm-Storage Tubules, M. R. Bakst, Bryan T. Vinyard Jan 2002

Oviducal Sperm Storage In Turkeys: Spatial Distribution Of Sperm Within The Uterovaginal Junction Sperm-Storage Tubules, M. R. Bakst, Bryan T. Vinyard

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The spatial distribution of sperm within the sperm storage tubules (SST) found in
the uterovaginal junction (UVJ) of the turkey is not known. In this study, we inseminated sperm stained with a fluorescent dye (Hoechst 33342) to determine their distribution in SST in the ventral, dorsal, and lateral regions of the proximal, middle, and distal regions of the UVJ. There was no preferential filling in the ventral-dorsal axis of the UVJ. In contrast, preferential filling of the SST was observed in the middle section of the UVJ. Here the individual SST were clearly longer and more pleomorphic than the SST …

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Instructions For Growing Dwarf Crop Plants Under Electric Lights, Bruce Bugbee Jan 2002

Instructions For Growing Dwarf Crop Plants Under Electric Lights, Bruce Bugbee

Dwarf Crops

An instructional guide on how to grow dwarf crop plants under electric lights.

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Spectrum 2002, Saint Mary's College Of California Jan 2002

Spectrum 2002, Saint Mary's College Of California

The Undergraduate Spectrum

No abstract provided.

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A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen Jan 2002

A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …

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Development Of A Chromatographic Method For The Analysis Of Carbohydrates In Posidonia Coriacea In Artificial Cultures, Olivia J. Oldfield Jan 2002

Development Of A Chromatographic Method For The Analysis Of Carbohydrates In Posidonia Coriacea In Artificial Cultures, Olivia J. Oldfield

Theses : Honours

Carbohydrates in P. coriacea leaves were analysed to determine if, when in artificial culture, they were unable to replenish their carbohydrate stores once the seed starch reserve was consumed. While no evidence was found to suggest that this was happening, other findings were made. Soluble carbohydrates determined in P. coriacea were sucrose, fructose, glucose, trehalose, myo-inositol and mannitol. However, mannitol was only found in in situ plants sampled in June. This may be due to high epiphyte coverage elevating plant stress and therefore mannitol levels. P. coriacea grown in tissue culture has soluble carbohydrate levels up to 20-fold higher than …

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The Short Term Effects Of A Fire Fighting Foam And Fire Retardant On Selected Flora From Australia's Southwest, Andrew B. Kennedy Jan 2002

The Short Term Effects Of A Fire Fighting Foam And Fire Retardant On Selected Flora From Australia's Southwest, Andrew B. Kennedy

Theses : Honours

Chemical fire suppressants arc used extensively throughout Australia's Southwest to contain and suppress wildfires. Despite several studies being conducted into their effects on terrestrial vegetation in North America and Eastern Australia, where a variety of significant effects were found, no such investigation has been carried out in Australia's Southwest. This study examined the short-term effects of a fire fighting foam and fire retardant on selected flora from Australia's Southwest. Various concentrations of fire fighting foam and fire retardant were applied to seeds and seedlings of several native species. Native species were chosen for their high abundance and widespread distribution throughout …

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Changes In Muscle Function And Motorneuron Excitability Of The Triceps Surae Following A Bout Of Fatiguing Eccentric Exercise, Mikala Pougnault Jan 2002

Changes In Muscle Function And Motorneuron Excitability Of The Triceps Surae Following A Bout Of Fatiguing Eccentric Exercise, Mikala Pougnault

Theses : Honours

A reduction in capacity of the neuromuscular system associated with exercise can occur from a wide range of physiological and psychological factors. Many researchers have investigated neural activation during exercise, or the effects of muscle damage associated with eccentric exercise, but few have studied the prolonged effects of a bout of eccentric exercise on strength and motorneuron excitability. Eleven male and female subjects (aged 20-43 years) were tested to determine the effects of a fatiguing bout of eccentric exercise upon maximal isometric plantarflexion strength, motorneuron excitability, and neural activation of the soleus (SOL) and medial gastrocnemius (MG). The exercise consisted …

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Invasion Of Indigenous Vegetation In South-Western Australia By Leptospermum Laevigatum (Gaertn.) F. Muell. (Myrtaceae), Anya Lam Jan 2002

Invasion Of Indigenous Vegetation In South-Western Australia By Leptospermum Laevigatum (Gaertn.) F. Muell. (Myrtaceae), Anya Lam

Theses : Honours

The current paradigm of biodiversity conservation requires the assessment of alien plant invaders, and their potential negative impacts on indigenous species and communities. Leptospermum laevigatum (Gaertn.) F. Muell. (Victorian tea tree/ Coast tea tree) is indigenous to eastern Australia. It has invaded ecosystems within its natural biogeographic range, within new ranges in Australia and overseas. The species is listed as a high priority weed in the Environmental Weed Strategy for Western Australia. However, the basis for its listing has been casual observation rather than focussed research. This study of L. laevigatum is unique in being the first to …

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T(H)Ree Rhizome(S) On 'Close/Open' Encounters With Kinsella's Pastoralism Of The 'Radical' Kind, Klyth Tan Soo-Hong Jan 2002

T(H)Ree Rhizome(S) On 'Close/Open' Encounters With Kinsella's Pastoralism Of The 'Radical' Kind, Klyth Tan Soo-Hong

Theses : Honours

In his elaborative Landbridge 'statement of intent', Western Australian and International poet John Kinsella - whose phenomenal rise since the '90s is now a worldwide literary success story that needs no introduction - asserts a profound interest for the 'pastoral radical' (Kinsella, ed. Kinsella, Landbridge, 1999): “I'm particularly interested in the 'pastoral radical'- in blending the so-called pastoral tradition with the lingui.stically innovative. This 'hybrid' ironises the pastoral construct but allows for genuine movement through rural spaces. Landscape is central to my project - ways of seeing, questions of occupation and space, the position and relevance of the so-called 'lyrical …

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