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2003

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Disarming The Confirmation Process, Michael M. Gallagher Jan 2003

Disarming The Confirmation Process, Michael M. Gallagher

Cleveland State Law Review

To improve the current process and eliminate the bitter nature of confirmation hearings, Senators should not consider a nominee's ideology in determining whether to vote for that nominee. Ideological scrutiny lacks historical and constitutional support; it has led to repeated, prolonged battles that threaten to draw the confirmation process into a dangerous stalemate. Removing ideology from judicial nominations would return the confirmation process to its original understanding, one in which the President enjoys the dominant role. Those who argue that allowing the President, not the Senate, to consider a nominee's ideology would harm the federal judiciary and ignore the nature …

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The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu Jan 2003

The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu

Faculty Scholarship

In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While their losses might have a significant impact on how the United States prepares for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball.

The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching how players …

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Consensus Software: Robustness And Social Good, Michael N. Huhns Jan 2003

Consensus Software: Robustness And Social Good, Michael N. Huhns

Faculty Publications

In this column I explore some far-reaching issues of software development that lie at the intersection of robust software and sociopolitical systems. These two areas might seem unrelated-and most software developers would likely be horrified to have politics intrude on their programming efforts-but the intersection occurs through these premises: software systems administer and control much of our societal infrastructure; people would appreciate and better accept that control if they had input into the nature of the control and the systems' behavior; designers can make software systems more robust through redundancy, in which different versions of software components might cover for …

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Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Jan 2003

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Overall, pesticide use is growing in developing countries. United States' pesticide use changed in content, but remains substantial in volume. Critics of pesticide policy, including many of the speakers at this symposium, are concerned that pesticide problems are worsening. Surprisingly, thirty years after the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") reforms and the victory over DDT, the critics are not yet prepared to declare victory. Even worse from the perspective of environmental pressure groups is the change in attitude toward DDT, a substance whose name invokes extraordinary invective, where the current picture is not quite what the advocacy groups …

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Economic Suicide: The Collision Of Ethics And Risk In Securities Law, Barbara Black, Jill I. Gross Jan 2003

Economic Suicide: The Collision Of Ethics And Risk In Securities Law, Barbara Black, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

The first part of this article looks at whether there are any legal principles derived from regulation or the case law to support an “economic suicide” claim. The second part of the article reviews arbitrators' awards to determine whether arbitrators do, in fact, decide favorably on economic suicide claims. The article also looks at some arbitrators' awards that appear to recognize an economic suicide claim to identify any factors that may lead arbitrators to award damages to the claimant. Finally, in the third part, we address whether policy considerations support an extension of recognized brokers' duties to include a duty …

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The Irony Of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, Barbara Black Jan 2003

The Irony Of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, Barbara Black

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Improving Charitable Accountability, James J. Fishman Jan 2003

Improving Charitable Accountability, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This Article focuses upon a persistent problem of the nonprofit sector--its lack of accountability to the public. Director, officer, and organizational responsibilities will be analyzed. Past and current approaches to secure accountability of charitable assets will be discussed, and a proposal for improving charitable accountability will be suggested through the creation of public-private charity commissions at the state level under the aegis of the attorney general.

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A Response To Russell Pearce, John A. Humbach Jan 2003

A Response To Russell Pearce, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

There is not very much to criticize in what Professor Pearce has said about the MacCrate Report. Mostly, therefore, I will just amplify some of the points that I regard as among the most important. Before that, however, I want to mention some quibbles. First, I have always been bothered a bit when people describe the lawyer's role as that of a hired gun. The term “hired gun” is (if you'll pardon the expression) loaded. It does not, moreover, correctly capture either the good or the questionable of what lawyers actually try to do when representing their clients. Real hired …

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Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon Jan 2003

Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …

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Adaptive Critic Neural Network-Based Controller For Nonlinear Systems With Input Constraints, Pingan He, Sarangapani Jagannathan Jan 2003

Adaptive Critic Neural Network-Based Controller For Nonlinear Systems With Input Constraints, Pingan He, Sarangapani Jagannathan

Electrical and Computer Engineering Faculty Research & Creative Works

A novel adaptive critic-Based multilayer neural network (NN) controller in discrete-time is designed to deliver a desired tracking performance for a class of nonlinear systems in the presence of magnitude constraints on the input. Reinforcement learning scheme in discrete time is proposed for the NN controller, where the action generating NN learning is performed based on a certain performance measure, which is supplied from a critic. using the Lyapunov approach and with a novel weight update, the uniform ultimately boundedness (UUB) of the closed loop tracking error and weight estimates are shown. the adaptive critic NN does not require an …

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Million City Traveling Salesman Problem Solution By Divide And Conquer Clustering With Adaptive Resonance Neural Networks, Samuel A. Mulder, Donald C. Wunsch Jan 2003

Million City Traveling Salesman Problem Solution By Divide And Conquer Clustering With Adaptive Resonance Neural Networks, Samuel A. Mulder, Donald C. Wunsch

Electrical and Computer Engineering Faculty Research & Creative Works

The Traveling Salesman Problem (TSP) is a very hard optimization problem in the field of operations research. It has been shown to be NP-complete and is an often-used benchmark for new optimization techniques. One of the main challenges with this problem is that standard, non-AI heuristic approaches such as the Lin-Kernighan algorithm (LK) and the chained LK variant are currently very effective and in wide use for the common fully connected, Euclidean variant that is considered here. This paper presents an algorithm that uses adaptive resonance theory (ART) in combination with a variation of the Lin-Kernighan local optimization algorithm to …

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Taking Stock: The Need To Amend 28 U.S.C. § 455 To Achieve Clarity And Sensibility In Disqualification Rules For Judges' Financial Holdings, Ziona Hochbaum Jan 2003

Taking Stock: The Need To Amend 28 U.S.C. § 455 To Achieve Clarity And Sensibility In Disqualification Rules For Judges' Financial Holdings, Ziona Hochbaum

Fordham Law Review

No abstract provided.

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The Better Angels Of Self-Government, Martin S. Flaherty Jan 2003

The Better Angels Of Self-Government, Martin S. Flaherty

Fordham Law Review

No abstract provided.

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Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck Jan 2003

Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck

Buffalo Law Review

Book review of Robert J. Steinfeld's Coercion, Contract, and Free Labor in the Nineteenth Century

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Framing The Market: Representations Of Meaning And Value In Law, Markets, And Culture, Robin Paul Malloy Jan 2003

Framing The Market: Representations Of Meaning And Value In Law, Markets, And Culture, Robin Paul Malloy

Buffalo Law Review

No abstract provided.

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Nsu Fischler Graduate School Of Education And Human Services Catalog 2003–2005, Nova Southeastern University Jan 2003

Nsu Fischler Graduate School Of Education And Human Services Catalog 2003–2005, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

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Annual Report Of Research And Creative Productions By Faculty And Staff From January To December, 2003., Office Of Research And Sponsored Programs. Morehead State University. Jan 2003

Annual Report Of Research And Creative Productions By Faculty And Staff From January To December, 2003., Office Of Research And Sponsored Programs. Morehead State University.

Office of Research and Sponsored Programs Reports and Publications

Annual Report Of Research and Creative Productions by Faculty and Staff from January to December, 2003.

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Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez Jan 2003

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

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Religion And Violence: From Pawn To Scapegoat, Paul N. Anderson Jan 2003

Religion And Violence: From Pawn To Scapegoat, Paul N. Anderson

Faculty Publications - George Fox School of Theology

No abstract provided.

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The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

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The Political Economy Of Reconstruction Finance Corporation Assistance During The Great Depression, Joseph R. Mason Jan 2003

The Political Economy Of Reconstruction Finance Corporation Assistance During The Great Depression, Joseph R. Mason

Documents

No abstract provided.

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Bank Negara Malaysia Annual Report 2003, Bank Negara Malaysia/Central Bank Of Malaysia Jan 2003

Bank Negara Malaysia Annual Report 2003, Bank Negara Malaysia/Central Bank Of Malaysia

Documents

No abstract provided.

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Securum And The Way Out Of The Swedish Banking Crisis, Clas Bergstr¶M, Peter Englund, Per Thorell Jan 2003

Securum And The Way Out Of The Swedish Banking Crisis, Clas Bergstr¶M, Peter Englund, Per Thorell

Documents

No abstract provided.

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Firms And Their Distressed Banks: Lessons From The Norwegian Banking Crisis, Steven Ongena, Dag Michalsen, David C. Smith Jan 2003

Firms And Their Distressed Banks: Lessons From The Norwegian Banking Crisis, Steven Ongena, Dag Michalsen, David C. Smith

Documents

No abstract provided.

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Moodys Follow Up Exhibits- Structured Finance Ratings Part A, Julia Tung Jan 2003

Moodys Follow Up Exhibits- Structured Finance Ratings Part A, Julia Tung

Documents

No abstract provided.

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Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath Jan 2003

Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath

Journal Articles

No abstract provided.

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"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos Jan 2003

"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos

Journal Articles

No abstract provided.

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Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos Jan 2003

Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos

Journal Articles

No abstract provided.

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On The Role Of Biological Dynamics In Plankton Patchiness At The Mesoscale: An Example From The Eastern North Atlantic Ocean, M. A. Srokosz, A. P. Martin, M. J. R. Fasham Jan 2003

On The Role Of Biological Dynamics In Plankton Patchiness At The Mesoscale: An Example From The Eastern North Atlantic Ocean, M. A. Srokosz, A. P. Martin, M. J. R. Fasham

Journal of Marine Research

In situations where the direct physical forcing of biological processes, through nutrient supply or light limitation of phytoplankton, does not show significant spatial variability, it is demonstrated that the effects of the mesoscale circulation and population dynamics on plankton patchiness are in principle, separable. In this case, the physical stirring and mixing control the size and shape of structures seen in plankton distributions, whilst the biological dynamics controls the size of the populations within those structures. This is demonstrated using field observations and a simple process model. The field data, which come from mesoscale surveys of a region (16 -20W, …

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Optimization Of Low Pre-Operative Hemoglobin Reduces Transfusion Requirement In Patients Undergoing Transurethral Resection Of Prostate, Hammad Ather, Nuzhat Faruqui, F. Abid Jan 2003

Optimization Of Low Pre-Operative Hemoglobin Reduces Transfusion Requirement In Patients Undergoing Transurethral Resection Of Prostate, Hammad Ather, Nuzhat Faruqui, F. Abid

Section of Urology

Objective: To identify factors that influence peri-operative hemorrhage in view of reducing the need for transfusions in patients undergoing trans uretheral resection of prostate (TURP).
Methods: All patients undergoing TURP between January 1997 and December 1999 were identified using lCD 9CM coding and indexing system. Overall 430 patients were identified, however, 384 charts were included and reviewed for demographics, pre and intra-operative data and post-operative morbidity. Patients were divided into two groups on the basis of presence of significant hemorrhage.
Results: Overall 384 patients were analyzed. Nineteen patients had hemorrhage - group I whereas 365had no significant hemorrhage …

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