Digital Commons Network^™

The Writ Of Habeas Corpus, Donald E. Wilkes Jr.

Scholarly Works

A fundamental legal safeguard of freedom and the most important English common law writ, the writ of habeas corpus is a court order commanding that an imprisoned person be personally produced in court and that an explanation be provided as to why that person is detained. The writ of habeas corpus provides a judicial remedy for enforcing a fundamental individual right, the right to personal liberty, which may be defined as the right to be free of physical restraint that is not justified by law. Whenever imprisonment violates a constitutional or fundamental right, there is an infringement of the right …

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Turkish Journal of Veterinary & Animal Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Veterinary & Animal Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Veterinary & Animal Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Veterinary & Animal Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Veterinary & Animal Sciences

No abstract provided.

Patterns Of Drafting Errors In The Uniform Commercial Code And How Courts Should Respond To Them, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This article identifies eight recurring patterns of drafting in the Uniform Commercial Code (UCC). For each of these patterns, and for other idiosyncratic errors, the article recommends specific judicial responses. These responses take advantage of many of the UCC's unique characteristics. While the problem of drafting errors in the UCC may seem minor in light of the model code's high overall quality, the suggested responses can lead to a more efficient and effective application of the statute.

Federal Courts, Overbreadth, And Vagueness: Guiding Principles For Constitution Challenges To Uninterpreted State Statutes, Mark L. Rienzi, Stuart Buck

Scholarly Articles

When a federal court is asked to declare an uninterpreted state law to be unconstitutionally overbroad or vague, it faces several tensions. On one side, the overbreadth and vagueness doctrines urge the court to strike down the statute on its face. On the other side, the related doctrines of constitutional avoidance, narrowing interpretations, abstention and certification all urge the court to find some way to save the statute at least as to some applications. But because of the cardinal principle that federal courts are not the final authority on the interpretation of state law, many federal courts err on the …

Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner

Scholarly Articles

In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …

The Extent Of Protection Of The Individual’S Personality Against Commercial Use: Toward A New Property Right, George P. Smith Ii

Scholarly Articles

The purpose of this Article is to explore the extent of an individual's right of privacy, vis-à-vis the concepts of commercial use and appropriations, which compromise rights of publicity. The deceptively simple, yet complex, conclusion to be drawn from this analysis is that a delicate balance of interests must be struck, either legislatively or judicially, between recognizing a full right of privacy, and its permutations in the right of publicity, with the press and news media. A definitive balancing test may be elusive, but at a minimum, a framework for principled decision making must be attempted. It is imperative that …

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

Scholarly Articles

This article addresses the global aspect of the digital divide in two ways. First, I will focus primarily on the issue of school-aged children's access to information and communications technologies (ICT) globally. My focus is on children for the simple reason that children embody the future. Second, I will limit my assessment of this issue to a comparison of children's access to ICT in six countries around the world. Located on five continents, these six countries range from highly developed OECD countries to lesser developed countries. They are the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania.

Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski

Scholarly Articles

This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …

The Tower Clock 2002, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Kosovo And Beyond: Is Humanitarian Intervention Transforming International Society?, Roberto Belloni

Human Rights & Human Welfare

A review of:

Saving Strangers: Humanitarian Intervention in International Society by Nicholas J. Wheeler. New York: Oxford University Press, 2001. 352pp.

and

The Kosovo Tragedy: The Human Rights Dimensions edited by Ken Booth. Portland, OR: Frank Cass, 2001. 386pp.

Philosophizing With Teenagers, Susan Verducci

Faculty Publications

Part of a special section on connecting with adolescents. Although few adolescents are ever formally exposed to philosophy at middle or high school, almost all are philosophers in the sense that they ask and seek answers to questions that are fundamentally philosophical. Furthermore, studying philosophy can be quite useful for adolescents as it requires that they practice developing clear and coherent reasons for believing or doing something, provides the tools with which they can follow the logic of any ideological stance, and provides models of alternative answers and a way of examining how the historical period in which one lives …

Uniform Certified Public Accountant Examination Candidate Brochure., American Institute Of Certified Public Accountants. Examinations Team.

Examinations and Study

No abstract provided.

The Classical Limit Of The Quantum Baker's Map, Mark Morgan-Tracy

Physics & Astronomy ETDs

This work concerns the finding of the semi-classical form of the coherent state representation for the class of quantum baker’s maps defined by Schack and Caves. It begins by introducing the finite-dimensional Hilbert space on which the quantum baker’s map is defined. Its pertinent features including the all important symmetry operators are introduced and given a full explanation. We also introduce the finite-dimensional phase space which will give the semi-classical limit a geometrical interpretation. For a D dimensional Hilbert space, the finite-dimensional phase space is found to be a grid with D2 points. Each point corresponds to a particular pair …

Grazing Management And Plant Community Composition On Bodmin Moor, Gavin Stewart

School of Geography, Earth and Environmental Sciences Theses

The research presented in this thesis was focused on aspects of the dynamic response of upland vegetation to grazing, to allow evaluation of the suitability of Countryside Stewardship (CS) management for the rehabilitation of dwarf-shrub cover in the upland landscape of Bodmin Moor. Initial chapters review the ecological character of Bodmin Moor, grazing management and vegetation in upland habitats, and succession in relation to grazing. Chapter Five provides the first extensive and detailed phytosociological investigation of the vegetation of Bodmin Moor-providing a baseline for further work. It also examines the spatial distribution of the plant communities in relation to environmental …

In Situ Monitoring And Biogeochemical Cycling Of Nutrients In Estuarine Waters, Paulo Cesar Ferreira Da Costa Gardolinski

School of Geography, Earth and Environmental Sciences Theses

This thesis describes the use of in situ and laboratory techniques for monitoring nitrate, phosphate and master variables in the environment. Chapter One presents a general overview of nutrients, how they are essential for aquatic biota, their general characteristics and the importance of their behaviour in estuaries. Commonly used analytical methods for nutrient determinations in natural waters are also evaluated. Chapter Two reports the use of chemometrics to determine trends in historical time-series physicochemical datasets {e.g. nitrate+nitrite, phosphate, river flow, precipitation, suspended solids, water temperature and chlorophyll a) from the Tamar catchment, UK. The results provided useful information about correlations …

Hillslope And Watershed Scale Hydrological Processes And Grazing Management In A Dartmoor Catchment, Southwest England, Erik W. Meyles

School of Geography, Earth and Environmental Sciences Theses

Concerns have been raised on the deterioration of heather moorland due to management in the UK. A study was therefore conducted on the impacts of moorland management on the soils and hydrology of a catchment on Dartmoor. Soil moisture was measured gridwise using TDR on 19 occasions. At 23 sites within this grid, physical properties of the topsoil were obtained. At three locations, tensiometer nests were installed, recording soil suction at 10 cm depth intervals. At the catchment scale, stream discharge and rainfall were recorded. Grazing densities within the watershed were estimated and the observed patterns were related to vegetation …

Barriers To Sustainability Among Tourism-Related Businesses : Identification And Reduction, Jonathan Andrew Vernon

School of Geography, Earth and Environmental Sciences Theses

The attainment of sustainable development has emerged as one of the main challenges facing society and the economy in the twenty-first century. In tourism, the English Tourism Council (2001 a, p. 11) recognise that sustainable tourism can no longer be regarded as an optional extra, but is fundamental to safeguarding the long-term competitiveness of the industry. To establish sustainable development as a primary strategic objective within the tourism industry represents a substantial challenge. Such a goal is problematic not least because the sector is so diverse and is based around a large number of small businesses which are not always …

A Critical Analysis Of Gardens As A Resource For Tourism And Recreation In The Uk, Joanne Jane Connell

School of Geography, Earth and Environmental Sciences Theses

Garden visiting has become a popular leisure pursuit in recent years. Within a tourism and recreation context, scant research exists on the subject of gardens as recreational resources and the manner in which they are presented to and consumed by the public. This thesis explores the scope and nature of gardens as tourism and recreation resources in the UK. The thesis examines the conceptual foundations of the garden, in order to establish what reasons explain predisposition towards garden visiting, and why gardens provide a desirable environment in which people want to spend leisure time. The activity of garden visiting is …

The Development Of A Methodology For The Identification Of Potential Wet Grassland Restoration Sites In South West England, Francien Van Soest

School of Geography, Earth and Environmental Sciences Theses

Large scale drainage and pasture improvement in the past and present-day neglect of the floristically diverse wet grasslands in south west England have caused a significant decrease, approximately 92% since 1900. in the total area of this ecologically valuable semi-natural plant community. The plant community, which is locally called Culm grassland, consists of acid purple moor grassland, soft rush meadows and wet heaths. Conservation and restoration of these grasslands requires careful planning and efficient use of resources. This study was aimed at developing strategies for regional planning authorities and nature conservation agencies and developed a management tool for the selection …

Thoughts On Dastar From A Copyright Perspective: A Welcome Step Toward Respite For The Public Domain, Lynn Mclain

All Faculty Scholarship

Though other questions remain unresolved and other leaks unstemmed, Dastar is a welcome step towards regaining the public domain, and towards establishing that the confines of the public domain, with regard to nondeceptive reproduction of public domain works, and preparation of derivative works based upon them, must be delimited by only the copyright and patent laws.

This article will provide a background discussion of the copyright and patent schemes and their delineation of the public domain. It then will discuss the role of trademark law in that balance, and some of the case law regarding both § 43 of the …

Hydrothermal Venting Along Earth's Fastest Spreading Center: East Pacific Rise, 27.5°–32.3°, E. T. Baker, R. N. Hey, J. E. Lupton, J. A. Resing, R. A. Feely, J. J. Gharib, G. J. Massoth, F. J. Sansone, M. Kleinrock, F. Martinez, D. F. Naar, C. Rodrigo, D. Bohnenstiehl, D. Pardee

Marine Science Faculty Publications

During March/April 1998 we conducted detailed mapping and sampling of hydrothermal plumes along six segments of Earth's fasting spreading mid-ocean ridge, 27.5°–32.3°S on the East Pacific Rise. We compared the distribution and chemistry of hydrothermal plumes to geological indicators of long-term (spreading rate) and moderate-term (ridge inflation) variations in magmatic budget. In this large-offset, propagating rift setting, these geological indices span virtually the entire range found along fast spreading ridges worldwide. Hydrothermal plumes overlaid ∼60% of the length of superfast (>130 km/Myr) spreading axis surveyed and defined at least 14 separate vent fields. We observed no plumes over the …

The Influence Of Extracts Of Ascophvllum Nodosum On Plant And Soil-Borne Pathogen Interactions, Felisberta Maria Jesus Cunha

Other Faculty of Science and Engineering Theses

This thesis presents an investigation into the responses to extracts of Ascophyllum nodosum (Maxicrop seaweed extracts - MSE) of two different plants species - wheat and strawberry, and their interactions with two soil-borne pathogens, Gaeumannomyces graminis and Phytophthora fragariae respectively, under various environmental conditions. The responses to MSE using hydroponic, glasshouse and field experiments showed that levels of Take-all infection in wheat were reduced by some of the treatments applied. Repeat experiments showed that consistency of results was poor but a positive trend for disease suppression followed MSE treatments. Studies of strawberry infection by Phytophthora fragariae revealed a significantly reduced …

From Here To Diversity : Ethnicity In The National Health Service, Nicholas Richard Johns

Other Faculty of Arts, Humanities and Business Theses

Nearly twenty years after the ground-breaking report by Brent Community Health Council (CHC) (1981) into the standard of health care provided to minority ethnic communities, there is continuing evidence of failure on the part of the National Health Service (NHS). One of the ways in which the New Labour government has sought to address such inadequacies in public services has been to increase the numbers of minority ethnic people in the workforce. The central argument of this thesis is that the notion of 'ethnic diversity' has not been adequately defined, and that the practical implications of diversity may be the …

Painting Silence, Graham Clucas

Other Faculty of Arts, Humanities and Business Theses

This research examines the history and theory o f silent' painting to discover why particular paintings were called silent, what the term was meant to signify, and how the quality of silence was discernible in the paintings it described. The imderstanding thus gauied is in tum the subject of further analysis through (documented) reflective practice, which recognises a broader context of contemporary theoretical and practical viewpoints. The purpose is to investigate, through practice, the characteristics and potentialities of silence. From the emergence of'silent' painting in America during the 1950s and 60s, the idea of silence is examined in terms of …

Liminal Blankness : Mixing Race And Space In Monochrome's Psychic Surface, Angeline Dawn Morrison

Other Faculty of Arts, Humanities and Business Theses

Blank space in western Art History and visual culture is something that has tended to be either explained away, or ignored. Pictures that do not depict challenge the visual basis of the ego and its others, confronting what I call the `Phallic reader' (who sees according to the logic and rules of the Phallogocentric system he inhabits) and potentially disturbing his sense of the visible. The Phallic reader, the visible and the seeing ego's sense of how to see, meet in what I call the `psychic surface'. Deploying this notion of a `psychic surface' allows for readings which move on …

Development Of The Bill Of Lading : Its Future In The Maritime Industry, Samantha Peel

Other Faculty of Science and Engineering Theses

This Thesis will consider the development of the traditional bill of lading from its origins, which appear to be much older than previously considered, up to the present day. The development of the bill of lading will be examined in order to answer basic questions: what is a traditional bill of lading, and what functions does it perform. In Part I of the Thesis the development of the three main functions of the traditional bill will be considered, namely receipt, contract, document of title. It will conclude with observations on the nature of the traditional bill of lading and how …