Digital Commons Network^™

Law Of The Case In Nevada: Confusing Relatives, Scott Doney

Nevada Law Journal

No abstract provided.

Judge Procter Hug, Jr.: Jurist, Mentor, And Stellar Human Being, Charles R. Calleros

Nevada Law Journal

No abstract provided.

Desegregating The Law School Curriculum: How To Integrate More Of The Skills And Values Identified By The Maccrate Report Into A Doctrinal Course, Alice M. Noble-Allgire

Nevada Law Journal

No abstract provided.

Tracing Principles In Revised Article 9 § 9-315(B)(2): A Matter Of Careless Drafting, Or An Invitation To Creative Lawyering?, William Stoddard

Nevada Law Journal

No abstract provided.

Monthly Accomplishments For Turnbull National Refuge, September 2002, Turnbull National Wildlife Refuge

Turnbull National Wildlife Refuge Reports

A monthly report of accomplishments at Turnbull National Wildlife Refuge written by Project Leader Nancy Curry.

Between Liberalism And Social Democracy: A Comment On Tushnet, Iris Marion Young

Chicago Journal of International Law

I construct Professor Tushnet's article as offering an account of societies on a legal continuum. At one end lies the classical liberal state. Here the legal system articulates a thin set of background rules that regulate the market transactions through which goods are distributed. Courts enforce rules against force, fraud, and breach of contracts. By means of police power courts have some discretion to identify forms of force, fraud, or breach of contract not explicitly articulated by legislated code. In the classical liberal state, courts also strike down laws that intentionally deprive a class of people of goods they would …

The New World Of Corporate Lawyering In Japan, Eric Sibbitt

Chicago Journal of International Law

Tokyo used to be a sleepy little legal market for most US law firms. There were exceptions of course, but the Tokyo presence of a number of international firms with a Tokyo office amounted to a single partner. In fact, while firms may have made grander claims as to the number of resident lawyers, some Tokyo offices of major international firms comprised nothing more than an ill-attended fax machine and a skeletal secretarial staff supplemented, on an as-rarely-needed basis, by visiting lawyers from other offices. Many of the lawyers that did reside full-time in Tokyo offices spent a significant portion …

Strengthening The Wassenaar Export Control Regime, Jamil Jaffer

Chicago Journal of International Law

As the Cold War began to heat up in the aftermath of World War II, the United States and its allies determined that it would be necessary to coordinate their export of militarily significant equipment to Communist nations, particularly those nations that would eventually make up the heart of the Warsaw Pact. The NATO nations, together with Japan and Australia, created the Coordinating Committee on Export Controls ("COCOM"). For forty-five years, this body served as a clearinghouse for information exchange and consultation among the member nations. However, as the Soviet Union disintegrated and the Cold War came to a close …

The Jurisprudence And Politics Of Forum-Selection Clauses, Erin Ann O'Hara

Chicago Journal of International Law

This essay explores the relationship between the courts and the legislature regarding enforcement of forum-selection clauses by using the US experience as its primary example. The US courts' recent vigorous enforcement of forum-selection clauses in international disputes may be overturned by Congress. In fact, the Supreme Court's decision indicating that forum-selection clauses are enforceable under the Carriage of Goods by Sea Act ("COGSA") may soon be legislatively overruled. This essay explores the potential limits on the durability of court decisions to enforce forum-selection clauses and offers some preliminary thoughts on the necessary conditions for long-term enforcement of these contractual provisions. …

Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

Chicago Journal of International Law

My thesis in this essay, however, is that such an accommodation is exceedingly difficult if not impossible. Meaningful scientific evidence requirements fundamentally conflict with regulatory sovereignty in all cases of serious scientific uncertainty. WTO law must then choose between an interpretation of scientific evidence requirements that essentially eviscerates them and defers to national judgments about "science," or an interpretation that gives them real bite at the expense of the capacity of national regulators to choose the level of risk that they will tolerate. The only middle ground lies in the rare cases where scientific uncertainty is remediable quickly at low …

International Harmonization Of Antitrust Law: The Tortoise Or The Hare?, Diane P. Wood

Chicago Journal of International Law

Today, according to US Department of Justice spokespersons, there are over ninety countries with competition laws, and those countries collectively account for nearly 80 percent of world production. Those numbers furnish some evidence that the philosophy of competition law has indeed spread to all corners of the globe, and that the first step toward international harmonization has already been accomplished. Yet the picture is not quite as rosy as this might suggest: these laws differ from one another, sometimes subtly, sometimes unabashedly so. That fact raises a number of questions that are the topic of this article: How different, as …

Of Yahoos And Dilemmas, Daniel Arthur Laprès

Chicago Journal of International Law

In the spring of 2000, two French non-profit associations dedicated to fighting anti-Semitism attacked Yahoo! Inc. ('Yahoo") before the French courts for exhibiting images of Nazi symbols on its websites, as well as links to revisionist and anti-Semitic sites. After losing a challenge over the French court's jurisdiction, Yahoo argued that a significant filtering system would be prohibitively expensive. But relying on a report compiled by a panel of internationally renowned experts which showed that a filtering system with an accuracy rate of about 70 percent could be achieved without incurring unreasonable costs, the French judge gave Yahoo until February …

Avoiding Vietnam: The U.S. Army's Response To Defeat In Southeast Asia, Conrad C. Crane Dr.

Books, Monographs & Collaborative Studies

As American operations against terrorism spread around the globe to places like Afghanistan and the Philippines, an increasing tendency has been for commentators to draw parallels with past experience in Vietnam. Even soldiers on the ground have begun to speak in such terms. The author analyzes the Army's response to that defeat in Southeast Asia and its long-term impact. Contrary to the accepted wisdom that nations which lose wars tend to learn best how to correct their mistakes, he argues that Americans tried to forget the unhappy experience with counterinsurgency by refocusing on conventional wars. While that process eventually produced …

Clausewitz's Center Of Gravity: Changing Our Warfighting Doctrine--Again!, Antulio J. Echevarria Ii

Books, Monographs & Collaborative Studies

The author cuts through the myriad interpretations surrounding the concept and gets back to the original idea as conceived by its author, the Prussian military theorist, Carl von Clausewitz. In going back to the original concept, Lieutenant Colonel Echevarria reveals that Clausewitz intended the center of gravity to function much as its counterpart in the mechanical sciences does, that is, as a focal point. He thus argues, quite persuasively, that the Clausewitzian center of gravity is not a strength, nor a weakness, nor even a source of strength. A center of gravity is the one element within a combatant's entire …

China's Growing Military Power: Perspectives On Security, Ballistic Missiles, And Conventional Capabilities, Andrew Scobell Dr., Larry M. Wortzel Dr.

Books, Monographs & Collaborative Studies

This volume, comprised of papers originally presented at a conference held at Carlisle Barracks in September 2001, helps to put the Hainan Island incident in the broader context of China's strategic aspirations and its growing military capabilities. This conference's co-sponsors were the American Enterprise Institute, the Heritage Foundation, and the U.S. Army War College. For the fourth consecutive year, the War College's Strategic Studies Institute is publishing the proceedings. The nine chapters in this volume, all written by leading experts, cover a diverse set of important topics: East Asian perspectives on China's security ambitions, the status of the Chinese ballistic …

China's Growing Military Power: Perspectives On Security, Ballistic Missiles, And Conventional Capabilities, Andrew Scobell Dr., Larry M. Wortzel Dr.

Books, Monographs & Collaborative Studies

This volume, comprised of papers originally presented at a conference held at Carlisle Barracks in September 2001, helps to put the Hainan Island incident in the broader context of China's strategic aspirations and its growing military capabilities. This conference's co-sponsors were the American Enterprise Institute, the Heritage Foundation, and the U.S. Army War College. For the fourth consecutive year, the War College's Strategic Studies Institute is publishing the proceedings. The nine chapters in this volume, all written by leading experts, cover a diverse set of important topics: East Asian perspectives on China's security ambitions, the status of the Chinese ballistic …

American Indian Treaties And The Presidents: A Guide To The Treaties Proclaimed By Each Administration, Charles D. Bernholz

University of Nebraska-Lincoln Libraries: Faculty Publications

During the period following independence and within that political climate, the vast majority of the presidents listed in appendix A faced the obligations of making treaties with the Native American tribes. That could not have been a light responsibility, given the diversity of Indian societies and tribal organizations throughout the continent. The variety is reflected directly in the locations of the signatory tribes to the treaties listed in appendix B. George Washington dealt with the tribes of the original colonies, whereas later presidents who made treaties with the Apache and Pacific Northwest tribes faced the difficulty of administering treaties made …

Incidence Of Post Cesarean Section Wound Infection In A Tertiary Hospital, Riyadh, Saudi Arabia, Fawzia A. Habib

Saudi Medical Journal

OBJECTIVE: To measure the rate of wound infection after cesarean section and assess risk factors for such infection. METHODS: A prospective surveillance was conducted at King Khalid University Hospital, Riyadh, Kingdom of Saudi Arabia, during the period January 2000 through to December 2000. This included a total of 754 cesarean sections. The following risk factors, which were studied included, age, parity, gravida, gestational age, antenatal care, type of cesarean section emergency or elective, previous history of cesarean section, duration of operation, rank of surgeon, use of antibiotics, wound infection, complications and length of stay in the hospital. Post discharge surveillance …

Sleep Problems Among Pupils In Benghazi, Libya, Marwan M. Al-Sharbati

Saudi Medical Journal

OBJECTIVE: To find the prevalence of sleep problems among pupils, its possible causes and associated behaviors. METHODS: This study was carried out during 3-24 February 1996. We randomly selected a sample of (277) 5th graders (181 boys and 96 girls), from 3 public primary schools in 3 different socio-economic areas in Benghazi, Libya. We interviewed the pupils and the teachers by a pretested questionnaire concerning sleep, school achievement and other behaviors. Those pupils who sleep after 10:00 pm, or those having bad sleep characters, or both, twice or more a week in the last month, were considered suffering from sleep …

Precipitating Factors For Diabetic Ketoacidosis, Awad M. Ahmed, Faiza A. Qari

Saudi Medical Journal

No abstract provided.

Nanoscale Observation Of Photo-Induced Domain Pinning And Investigation Of Imprint Behavior In Ferroelectric Thin Films, Alexei Gruverman, B. J. Rodriguez, R. J. Nemanich, A. I. Kingon

Alexei Gruverman Publications

Piezoresponse force microscopy has been used to investigate the nanoscale mechanism of imprint behavior of ferroelectric PbTiO₃ thin films by studying the photoinduced changes in the hysteresis loops of individual grains. Illumination of the film with UV light resulted in a voltage shift opposite to that observed in ferroelectric thin film capacitors. This effect is attributed to the generation of an electric field within the surface dielectric layer as a result of the interaction between photo-induced charges and polarization charges. Application of a small non-switching bias to the film with simultaneous UV illumination resulted in domain pinning in …

Silencing The Shareholders' Voice, Thomas Lee Hazen

North Carolina Law Review

No abstract provided.

Hendricks V. Sanks: One Small Step For The Continued Parental Support Of Disabled Children Beyond The Age Of Majority In North Carolina, Jeffrey W. Childers

North Carolina Law Review

No abstract provided.

Cauliflowers In Western Australia - An Industry Plan, Paul Mattingley

Agriculture reports

The Western Australian cauliflower industry is largely centered around the south-west of the State which, with its cool winter climate and medium to heavy loam soils is well suited to year round cauliflower production and accounts for 77% of State’s output. The Shire of Manjimup alone accounts for about 60% of the State’s cauliflower production. The second most significant region is the Swan Coastal Plain which has lighter soils, and a warmer climate. The Swan Coastal Plain is also suitable for year round production.

Market analysis indicates that West Australian cauliflower, whilst appearing more expensive than produce from the Eastern …

Third Update To Colorado Water Law: An Historical Overview, Gregory J. Hobbs Jr.

Water Law Review

No abstract provided.

United States V. Interstate Gen. Co., 39 Fed. Appx. 870 (4th Cir. 2002), Gloria M. Soto

Water Law Review

No abstract provided.

Cmty. Ass'n For Restoration Of The Env't V. Henry Bosma Dairy, 305 F.3d 943 (9th Cir. 2002), Holly Shook

Water Law Review

No abstract provided.

Cent. Delta Water Agency V. United States, 306 F.3d 938 (9th Cir. 2002), Jared B. Briant

Water Law Review

No abstract provided.

Lands Council V. Vaught, 198 F. Supp. 2d 1211 (E.D. Wash. 2002), Curtis Graves

Water Law Review

No abstract provided.

Arreola V. County Of Monterey, 122 Cal. Rptr. 2d 38 (Cal. Ct. App. 2002), James Parrot

Water Law Review

No abstract provided.