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2002

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Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm Jan 2002

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …


Complementarity Of Politics And Administration: An Empirical Examination, Jothi S. Themozhi Jan 2002

Complementarity Of Politics And Administration: An Empirical Examination, Jothi S. Themozhi

Theses and Dissertations in Urban Studies

This dissertation is designed to examine the impact of the complementarity of politics and administration on local governments' fiscal performance. The study adopts Svara's Politics-Administration Complementarity Model, which explains the mutual interdependence and reciprocal influence of administrative relationships between the elected and appointed officials of local governments towards a General Management City (a traditional mayor-council city that appoints a professional city manager to conduct the city's administration without formally adopting the council-manager form).

By adopting the politics-administration complementarity model to a general management municipal administrative structure, this thesis hypothesizes that cities with general management administrative structures achieve measurable fiscal …


Modeling The Biogeochemical Cycle Of Selenium In The San Francisco Bay, Shannon L. Meseck Jan 2002

Modeling The Biogeochemical Cycle Of Selenium In The San Francisco Bay, Shannon L. Meseck

OES Theses and Dissertations

Due to recent concerns about selenium toxicity in the San Francisco Bay and the roles of refinery and San Joaquin River inputs on the selenium cycle, the model ECoS 3 (distributed from Plymouth Marine Laboratory, United Kingdom) was modified to simulate the biogeochemical cycle of selenium in the Northern Reach. The model is designed to simulate salinity, total suspended material, phytoplankton concentrations, dissolved selenium and its speciation (selenite, selenate, and organic selenide), and particulate selenium and its speciation (selenite + selenate, elemental selenium, and organic selenide). Actual data from 1999 were used to calibrate the model, while data from other …


Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche Jan 2002

Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues in this Comment that disingenuity as first resort is an unwise approach to the conflict between our ex ante and our later, illness-endangered selves. Not only does rationing by tacit deceit raise a host of moral problems, it will not work, over the long haul, because markets reward deceit's unmasking. The honesty about clinical limit-setting that some bioethicists urge may not be fully within our reach. But more candor is possible than we now achieve, and the more conscious we are about decisions to impose limits, the more inclined we will be to accept them without experiencing …


An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein Jan 2002

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy Jan 2002

The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy

Faculty Publications

No abstract provided.


Positive Democracy: Reconciling Sir Isaiah Berlin's Conception Of Positive Liberty With Democratic Theory, Andrew L. Campbell Jan 2002

Positive Democracy: Reconciling Sir Isaiah Berlin's Conception Of Positive Liberty With Democratic Theory, Andrew L. Campbell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Whispers In The Woods: A Turning Point Analysis Of Theories Of Relationship Development On A Month Long Canoe Trip, Kelly Nicole Schackmann Jan 2002

Whispers In The Woods: A Turning Point Analysis Of Theories Of Relationship Development On A Month Long Canoe Trip, Kelly Nicole Schackmann

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Recent Sediment Deposition On The South Fork Of The Snake River Idaho And Implications For Cottonwood Regeneration, Michael C. Williamson Jan 2002

Recent Sediment Deposition On The South Fork Of The Snake River Idaho And Implications For Cottonwood Regeneration, Michael C. Williamson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Customer Is Always Right . . . Not!: Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn Jan 2002

The Customer Is Always Right . . . Not!: Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Articles

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently …


De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz Jan 2002

De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz

Articles

Home computer users and businesses often rely on software developed by unconventional programmers known as "hackers." Hackers claim that the code they develop is superior in quality to the code developed by commercial software firms because hackers freely share the code they develop. This code sharing enables a multitude of programmers from around the world to rapidly find and fix bugs. The legal mechanism that enables hackers to deploy this worldwide team of de-buggers is a license agreement or, to be more precise,an assortment of license agreements known as "open source" licenses.

Although open source software developers may regularly fix …


Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts Jan 2002

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Articles

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …


Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr. Jan 2002

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …


Lesbigay Identity As Commodity, David M. Skover, Kellye Y. Testy Jan 2002

Lesbigay Identity As Commodity, David M. Skover, Kellye Y. Testy

Articles

This Essay explores the deep dissonance that exists today between the validation of American LesBiGays in the commercial marketplace and their devaluation in political and legal arenas, and questions the failure of legal scholars and civil rights activists to account meaningfully for this dissonance in their theories and practices. I

n America's popular culture, LesBiGay identities abound. In its political culture, however, they emerge more tentatively. The commercial and entertainment industries increasingly commodify and celebrate LesBiGay identities. The courts and legislatures generally discount and condemn them. Thus, there is a deep dissonance between the validation of LesBiGay identities in the …


Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy Jan 2002

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

Articles

Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …


Fretting In The Force Fields: Why The Distribution Of Social Power Has Proved So Hard To Change, Joan C. Williams Jan 2002

Fretting In The Force Fields: Why The Distribution Of Social Power Has Proved So Hard To Change, Joan C. Williams

Faculty Scholarship

No abstract provided.


Deforestation Rhetoric And Japan's Timber Trade., Mari Yoshimura Jan 2002

Deforestation Rhetoric And Japan's Timber Trade., Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Foreign Inspired Courts As Agencies Of Peace In Troubled Societies A Plea For Realism And For Creativity, Ugo Mattei Jan 2002

Foreign Inspired Courts As Agencies Of Peace In Troubled Societies A Plea For Realism And For Creativity, Ugo Mattei

Faculty Scholarship

No abstract provided.


Baboosic Lake, Cooperative Extension Jan 2002

Baboosic Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.


Silver Lake, Madison, Cooperative Extension Jan 2002

Silver Lake, Madison, Cooperative Extension

UNH Cooperative Extension

No abstract provided.


Seattle By And By: The Life And Times Of Emmett Watson, Erik D. Mickelson Jan 2002

Seattle By And By: The Life And Times Of Emmett Watson, Erik D. Mickelson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Upper Spokane River Model: Model Calibration, 1991 And 2000, Chris Berger, Robert Leslie Annear, Scott A. Wells Jan 2002

Upper Spokane River Model: Model Calibration, 1991 And 2000, Chris Berger, Robert Leslie Annear, Scott A. Wells

Civil and Environmental Engineering Faculty Publications and Presentations

The Washington Department of Ecology is interested in a water quality model for the Upper Spokane River system for use in developing Total Maximum Daily Loads (TMDLs). The goals of this modeling effort are to:

• Gather data to construct a computer simulation model of the Spokane River system including Long Lake Reservoir and the pools behind Nine Mile dam, Upper Falls dam and Upriver dam. • Ensure that the model accurately represents the system hydrodynamics and water quality (flow, temperature, dissolved oxygen and nutrient dynamics)

This report evaluates the model calibration and discusses issues relative to that calibration effort. …


Are Humans Risk-Sensitive Foragers? An Experimental Model, Heide K. Deditius-Island Jan 2002

Are Humans Risk-Sensitive Foragers? An Experimental Model, Heide K. Deditius-Island

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


"Adopt A Pal": An Application Of The Transtheoretical Model, Chad A. Spangler Jan 2002

"Adopt A Pal": An Application Of The Transtheoretical Model, Chad A. Spangler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Federating Heterogeneous Digital Libraries By Metadata Harvesting, Xiaoming Liu Jan 2002

Federating Heterogeneous Digital Libraries By Metadata Harvesting, Xiaoming Liu

Computer Science Theses & Dissertations

This dissertation studies the challenges and issues faced in federating heterogeneous digital libraries (DLs) by metadata harvesting. The objective of federation is to provide high-level services (e.g. transparent search across all DLs) on the collective metadata from different digital libraries. There are two main approaches to federate DLs: distributed searching approach and harvesting approach. As the distributed searching approach replies on executing queries to digital libraries in real time, it has problems with scalability. The difficulty of creating a distributed searching service for a large federation is the motivation behind Open Archives Initiatives Protocols for Metadata Harvesting (OAI-PMH). OAI-PMH supports …


Geometric Integrators For Hamiltonian Pdes, Dmitry Karpeev Jan 2002

Geometric Integrators For Hamiltonian Pdes, Dmitry Karpeev

Computer Science Theses & Dissertations

We consider methods for systematic construction of algorithms for a class of time-dependent PDEs with Hamiltonian structure. These systems possess phase space geometry and constants of the motion that need to be preserved by the integration algorithm to reflect the qualitative features of the system.

We exploit the structure of Hamiltonian systems, in particular their variational formulation based on a Lagrangian, and the dual covariant formulation, to expose the geometric features of the system that have natural analogs when discretized. We emphasize the local space-time approach to the constructions, making them amenable to parallelization and preconditioning using domain decomposition methods, …


Septic-Derived Nutrient Loading To The Groundwater And Surface Water In Lolo Montana, Brian R. Boer Jan 2002

Septic-Derived Nutrient Loading To The Groundwater And Surface Water In Lolo Montana, Brian R. Boer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly Jan 2002

The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick Jan 2002

Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick

Faculty Publications

Children who experience difficulties with peers also tend to experience both concurrent social–psychological difficulties and long-term negative developmental outcomes. Specifically, a significant amount of research has identified peer rejection and isolation as significant precursors to academic troubles and socially deviant behavior (DeRosier, Kupersmidt, & Patterson, 1994; Kupersmidt, Coie, & Dodge, 1990; Parker & Asher, 1987; Parker, Rubin, Price, & DeRosier, 1995). Substantial research and intervention efforts have consequently been dedicated to an understanding of the problem behaviors commonly identified as correlates or antecedents of peer rejection. Childhood aggression is one of the most significant predictors of peer rejection, and has …


Concrete Overlay As A Rehabilitation Option For Distressed Asphalt Pavements, Sudarshan Rajan, J. Olek Jan 2002

Concrete Overlay As A Rehabilitation Option For Distressed Asphalt Pavements, Sudarshan Rajan, J. Olek

JTRP Technical Reports

Ultra-thin Whitetopping (UTW) involves placing a very thin concrete overlay 50 mm to 100 mm thick (2”-4”) on the milled surface of a distressed asphalt pavement. To investigate the performance of UTW placed over a flexible pavement subjected to slow and heavy moving wheel loads, whitetopping mixes were placed over a milled pavement surface in the Accelerated Pavement Testing (APT) facility of the Indiana Department of Transportation (INDOT) Research Division in West Lafayette Indiana in the fall of 1999. The UTW installation experiment consisted of four test ‘lanes’ of two different thicknesses; each utilizing plain and fiber reinforced concrete. The …