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2002

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Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil Jan 2002

Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil

Articles & Book Chapters

Aboriginal title to land, as defined by the courts, has a number of sui generis aspects. Prominent among these is its inalienability, other than by surrender to the Crown. Two explanations are usually given for this: the need to protect Aboriginal peoples from exploitation by unscrupulous European settlers, and the incapacity of the settlers to obtain title to land otherwise than by Crown grant. While acknowledging that the need for protection of Aboriginal lands was important historically, this article argues that it is paternalistic to rely on this explanation for inalienability today. The incapacity of settlers is a more satisfactory …

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"Extinguishment Of Aboriginal Title In Canada: Treaties, Legislation, And Judicial Discretion", Kent Mcneil Jan 2002

"Extinguishment Of Aboriginal Title In Canada: Treaties, Legislation, And Judicial Discretion", Kent Mcneil

Articles & Book Chapters

Canadian courts have held that Aboriginal title is extinguishable consensually by means of a treaty with the Aboriginal nation concerned. Legislative extinguishment was also possible prior to recognition of Aboriginal title in the Constitution of Canada in 1982. These methods of extinguishment are discussed in Parts 1 and 2 of this article. It is suggested that extinguishment by treaty could occur only if that were permissible by the law of the Aboriginal nation. Extinguishment by legislation would have depended on the legislative body having the constitutional authority to extinguish the title. In addition, the legislative intention to extinguish would have …

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Designing Programming Courses For Et Students, Anthony Trippe Jan 2002

Designing Programming Courses For Et Students, Anthony Trippe

Articles

Rochester Institute of Technology offers a three-course technical programming sequence for Engineering Technology students. All three courses are required for Computer Engineering Technology students. The first two courses are required for Telecommunications ET students. Electrical and Civil ET students are required to take only the first course of the sequence. This paper reviews and discusses the events and experiences associated with the development and initial conduct of this sequence of C++ programming courses. It details how the courses were designed to assist ET students to better succeed in higher level courses taken later in their program sequence. Foundation elements of …

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Global It/Is Outsourcing: Expectations, Considerations And Implications, Qiyang Chen, Qiang Tu, Binshan Lin Jan 2002

Global It/Is Outsourcing: Expectations, Considerations And Implications, Qiyang Chen, Qiang Tu, Binshan Lin

Articles

This paper discusses the issues of global IT/IS outsourcing from four interrelated aspects: forming an appropriate global IT strategy, using proper global IT platforms, managing international data sharing, and surviving the cultural environment. It aims at providing a comprehensive framework for both the global outsourcing providers and clients to fully understand and evaluate the expectations, considerations and implications of global IT/IS outsourcing, so that they can form a successful long-term strategic alliance.

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Front Matter Jan 2002

Front Matter

SMU Law Review

No abstract provided.

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Tradition, John B. Attanasio Jan 2002

Tradition, John B. Attanasio

SMU Law Review

No abstract provided.

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Reflections On The Reception (Or Renaissance) Of Civil Law In Texas, Hans W. Baade Jan 2002

Reflections On The Reception (Or Renaissance) Of Civil Law In Texas, Hans W. Baade

SMU Law Review

No abstract provided.

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Rethinking Corporate Fiduciary Duties: The Inefficiency Of The Shareholder Primacy Norm, Gregory S. Crespi Jan 2002

Rethinking Corporate Fiduciary Duties: The Inefficiency Of The Shareholder Primacy Norm, Gregory S. Crespi

SMU Law Review

Current judicial practice regards the fiduciary duties of corporate officials as running exclusively to the common shareholders, and not to the bondholders or preferred shareholders, or to the corporation as a whole. In this article, the author addresses the question of whether defining the corporation as a whole as the subject of these fiduciary duties would better promote economic efficiency. Ultimately, the author concludes that economic efficiency would be enhanced if the locus of corporate officials' fiduciary duties was redefined as running to the corporation, both for larger corporations with publicly-held securities and smaller corporations whose securities may be more …

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Tulk V. Moxhay And Texas Environmental Law: Land Use Restrictions Under The Texas Risk Reduction Program, Jeffrey M. Gaba Jan 2002

Tulk V. Moxhay And Texas Environmental Law: Land Use Restrictions Under The Texas Risk Reduction Program, Jeffrey M. Gaba

SMU Law Review

No abstract provided.

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A Tribute To Professor Joseph W. Mcknight: Shades Of The Highwayman's Case In The 21st Century, Christopher H. Hanna Jan 2002

A Tribute To Professor Joseph W. Mcknight: Shades Of The Highwayman's Case In The 21st Century, Christopher H. Hanna

SMU Law Review

No abstract provided.

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Some Comparative Notes On English And American Contract Law, Guenter Treitel Jan 2002

Some Comparative Notes On English And American Contract Law, Guenter Treitel

SMU Law Review

No abstract provided.

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Toward A Congruent And Proportional Patent Law: Redressing State Patent Infringement After Florida Prepaid V. College Savings Bank, Robert C. Wilmoth Jan 2002

Toward A Congruent And Proportional Patent Law: Redressing State Patent Infringement After Florida Prepaid V. College Savings Bank, Robert C. Wilmoth

SMU Law Review

No abstract provided.

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Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf Jan 2002

Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf

Law Faculty Publications

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. ...

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Chicano Educational Leaders: Some Reflections On The Southwest, Henry T. Trueba Jan 2002

Chicano Educational Leaders: Some Reflections On The Southwest, Henry T. Trueba

Teaching and Learning Faculty Publications

No abstract provided.

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George I. Sanchez: An Examination Of His Thought, Martha May Tevis Jan 2002

George I. Sanchez: An Examination Of His Thought, Martha May Tevis

Teaching and Learning Faculty Publications

In this paper three areas of George I. Sanchez‘s thought will be examined, his views on law, bilingual education and migrants and migrant education.

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Is There A Constitutional Right To Clone, Cass R. Sunstein Jan 2002

Is There A Constitutional Right To Clone, Cass R. Sunstein

UC Law Journal

Recent scientific innovations, and proposed legislation have raised - questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional "right to clone." This Essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important …

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A Model Health-Related Elementary Physical Education Program For Saipan: Teachers' Knowledge, Attitudes, And Practices, Kurt C. Barnes Edd Jan 2002

A Model Health-Related Elementary Physical Education Program For Saipan: Teachers' Knowledge, Attitudes, And Practices, Kurt C. Barnes Edd

Dissertations

The purpose of this study was to determine if there was significant differences in changes of knowledge, attitudes, and practices between elementary school teachers who took part in an in-service physical education training program and those who did not take part. The in-service training program utilized a model health-related physical education program. The setting for the study was a school district on Saipan whose teachers were required to teach physical education. Teachers in five of nine public elementary schools were placed in the in-service training program. A questionnaire assessing knowledge, attitudes, and practices, was administrated as a pre- and post-test. …

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Campaign Materials - Good Teachers, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Good Teachers, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Campaign Materials - Marty Castro Sent Them Packing, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Marty Castro Sent Them Packing, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Campaign Materials - Mudslinger Marty, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Mudslinger Marty, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Campaign Materials - Our Congressman Luis Gutierrez, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Our Congressman Luis Gutierrez, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Campaign Materials - Whos Really Committed And Working For Our Schools, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Whos Really Committed And Working For Our Schools, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Campaign Materials - Working Men And Women Make This Country Strong, Office Of Representative Luis V. Gutiérrez Jan 2002

Campaign Materials - Working Men And Women Make This Country Strong, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

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Juveniles And The Ability To Form Intent To Kill, Elisa Clements Jan 2002

Juveniles And The Ability To Form Intent To Kill, Elisa Clements

Brigham Young University Prelaw Review

No abstract provided.

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Juvenile Delinquents: Reclamation, Not Retribution, David Stankiewicz Jan 2002

Juvenile Delinquents: Reclamation, Not Retribution, David Stankiewicz

Brigham Young University Prelaw Review

No abstract provided.

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The Ethical Foundations Of Blended Juvenile Sentencing, Matthew C. Jennejohn Jan 2002

The Ethical Foundations Of Blended Juvenile Sentencing, Matthew C. Jennejohn

Brigham Young University Prelaw Review

No abstract provided.

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Juvenile Waiver: What Does It Mean For American Teens?, Terence Lee Robinson Jan 2002

Juvenile Waiver: What Does It Mean For American Teens?, Terence Lee Robinson

Brigham Young University Prelaw Review

No abstract provided.

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Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough Jan 2002

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough

Law and Contemporary Problems

McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.

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Lingnan University Annual Report : 2001-2002 = 嶺南大學年報 : 2001-2002, Lingnan University Jan 2002

Lingnan University Annual Report : 2001-2002 = 嶺南大學年報 : 2001-2002, Lingnan University

Annual Reports

No abstract provided.

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Lingnan University : Calendar 2002-2003, Lingnan University Jan 2002

Lingnan University : Calendar 2002-2003, Lingnan University

Lingnan University Calendar

No abstract provided.

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