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2003

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Nova Law Review 27, 3 Jan 2003

Nova Law Review 27, 3

Nova Law Review

No abstract provided.


Creating Disincentives To Negotiate: Mitchell V. M.N.R.'S Potential Effect On Dispute Resolution, Shin Imai Jan 2003

Creating Disincentives To Negotiate: Mitchell V. M.N.R.'S Potential Effect On Dispute Resolution, Shin Imai

Articles & Book Chapters

The Supreme Court of Canada has often encouraged the Crown and Aboriginal parties to find negotiated solutions to their disputes. The complex social, political, economic and legal interests which are embedded in many sectors of the Canadian population are not best resolved in the context of legal proceedings. Courts should, however, do more than lament the lack of negotiations - they should make decisions that create incentives for high quality, effective dispute resolution processes. This article describes the framework for negotiation set out in R. v. Sparrow (on Aboriginal rights to fish), Delgamuukw v. British Columbia (on Aboriginal title to …


Climate And Shoreline Educational Issues Forum, Kathryn W. Hexter, Matthew Harrison Grabenstein Jan 2003

Climate And Shoreline Educational Issues Forum, Kathryn W. Hexter, Matthew Harrison Grabenstein

All Maxine Goodman Levin School of Urban Affairs Publications

On November 7, 2002, the Levin College Forum Program and the Cleveland Lakefront Partners (the city of Cleveland, The Greater Cleveland Growth Association, Cleveland Tomorrow, and The Cleveland Neighborhood Development Coalition) sponsored a public forum on Climate and Shoreline. The forum was the final in a series of four, intended to deepen the community’s understanding of some of the more complex issues related to the city’s lakefront planning efforts. It was also part of the Levin College Forum Program’s two-year Northeast Ohio’s Waterways forum series, which is focusing public attention on development of a comprehensive vision for all of Northeast …


"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith Jan 2003

"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith

Washington and Lee Law Review

No abstract provided.


Mim And Nonlinear Least-Squares Inversions Of Aem Data In Barataria Basin, Louisiana, Melissa Whitten Bryan, Kenneth W. Holladay, Clyde J. Bergeron Jr., Juliette W. Ioup, George E. Ioup Jan 2003

Mim And Nonlinear Least-Squares Inversions Of Aem Data In Barataria Basin, Louisiana, Melissa Whitten Bryan, Kenneth W. Holladay, Clyde J. Bergeron Jr., Juliette W. Ioup, George E. Ioup

Physics Faculty Publications

An airborne electromagnetic survey was performed over the marsh and estuarine waters of the Barataria basin of Louisiana. Two inversion methods were applied to the measured data to calculate layer thicknesses and conductivities: the modified image method (MIM) and a nonlinear least-squares method of inversion using two two-layer forward models and one three-layer forward model, with results generally in good agreement. Uniform horizontal water layers in the near-shore Gulf of Mexico with the fresher (less saline, less conductive) water above the saltier (more saline, more conductive) water can be seen clearly. More complex near-surface layering showing decreasing salinity/conductivity with depth …


Breed-Specific Legislation Revisited: Canine Racism Or The Answer To Florida's Dog Control Problems?, Karyn Grey Jan 2003

Breed-Specific Legislation Revisited: Canine Racism Or The Answer To Florida's Dog Control Problems?, Karyn Grey

Nova Law Review

No abstract provided.


Attorney-Client Privilege For Suspected Terrorists: Impact Of The New Federal Regulation On Suspected Terrorists In Federal Custody, Frank Kearns Jan 2003

Attorney-Client Privilege For Suspected Terrorists: Impact Of The New Federal Regulation On Suspected Terrorists In Federal Custody, Frank Kearns

Nova Law Review

No abstract provided.


Ring V. Arizona: How Did This Happen, And Where Do We Go, Gary Scott Turner Jan 2003

Ring V. Arizona: How Did This Happen, And Where Do We Go, Gary Scott Turner

Nova Law Review

No abstract provided.


2002 Survey Of Florida Juvenile Law, Michael J. Dale Jan 2003

2002 Survey Of Florida Juvenile Law, Michael J. Dale

Nova Law Review

No abstract provided.


Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio Jan 2003

Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio

Nova Law Review

No abstract provided.


Florida Mediation Case Law: Two Decades Of Maturation, Fran L. Tetunic Jan 2003

Florida Mediation Case Law: Two Decades Of Maturation, Fran L. Tetunic

Nova Law Review

No abstract provided.


Snow-Patch Influence On Soil Biogeochemical Processes And Invertebrate Distribution In The Mcmurdo Dry Valleys, Antarctica, Michael N. Gooseff, J. E. Barrett, Peter T. Doran, Andrew G. Fountain, W. Berry Lyons, Andrew N. Parsons, Dorota L. Porazinska, Ross A. Virginia, Diana H. Wall Jan 2003

Snow-Patch Influence On Soil Biogeochemical Processes And Invertebrate Distribution In The Mcmurdo Dry Valleys, Antarctica, Michael N. Gooseff, J. E. Barrett, Peter T. Doran, Andrew G. Fountain, W. Berry Lyons, Andrew N. Parsons, Dorota L. Porazinska, Ross A. Virginia, Diana H. Wall

Faculty Publications

The McMurdo Dry Valleys is the largest of the ice-free areas in Antarctica. Precipitation events in excess of 1 cm of snow accumulation are rare. During the winter, snow is transported by strong katabatic winds blowing from the polar plateau, and deposited into the lee of topographic features (e.g., stream channels and other topographic depressions). At the start of the austral summer (early October), as much as 10% of the valley soils may be covered by distributed snow patches. Because liquid water is the primary driver of biological, physical, and chemical processes in this polar desert, quantifying fluxes of water …


Book Review: Testing The Claims Of Church Growth By Rodney E. Zwonitzer, Gary L. Mcintosh Jan 2003

Book Review: Testing The Claims Of Church Growth By Rodney E. Zwonitzer, Gary L. Mcintosh

Journal of the American Society for Church Growth

No abstract provided.


Research Opportunities In Internal Auditing, Audrey A. Gramling, Sridhar Ramamoorti Jan 2003

Research Opportunities In Internal Auditing, Audrey A. Gramling, Sridhar Ramamoorti

Books and Book Chapters by University of Dayton Faculty

No abstract provided.


Acer 2002-2003 Annual Report, Australian Council For Educational Research (Acer) Jan 2003

Acer 2002-2003 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.


The Rights Of Animals, Cass R. Sunstein Jan 2003

The Rights Of Animals, Cass R. Sunstein

University of Chicago Law Review

No abstract provided.


Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach Jan 2003

Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach

University of Chicago Law Review

No abstract provided.


The Estate Of Dorothy Berkemeir And Karen Nielsen V. Hartford Insurance Of The Midwest : Brief Of Appellee, Utah Supreme Court Jan 2003

The Estate Of Dorothy Berkemeir And Karen Nielsen V. Hartford Insurance Of The Midwest : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from an Interlocutory Order of the Third Judicial District Court of Salt Lake County, State of Utah The Honorable Timothy R. Hanson, District Judge


Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, Lee Gardener, Salt Lake County Assessor, And Granite School District : Brief Of Appellee, Utah Supreme Court Jan 2003

Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, Lee Gardener, Salt Lake County Assessor, And Granite School District : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Findings of Fact, Conclusions of Law and Final Order and Judgment issued by Tax Court Judge, the Honorable Lynn W. Davis, Fourth Judicial District Court of Utah County, State of Utah on June 30, 2003, including the Court's decisions leading up to the Final Order and Judgment dated respectively September 20, 2001, June 7, 2002, December 10, 2002 and May 20, 2003.


Russell Packard Development Inc., A California Corporation; And Lawrence M. Russell, An Individual V. Joel M. Carson, An Individual; William Bustos, An Individual; And John Thomas, An Individual : Brief Of Petitioner, Utah Supreme Court Jan 2003

Russell Packard Development Inc., A California Corporation; And Lawrence M. Russell, An Individual V. Joel M. Carson, An Individual; William Bustos, An Individual; And John Thomas, An Individual : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONER JOHN THOMAS Appeal on Certiorari from the Utah Court of Appeals Judges Billings, Thorne, and Bench


Internal Auditing: History, Evolution, And Prospects, Sridhar Ramamoorti Jan 2003

Internal Auditing: History, Evolution, And Prospects, Sridhar Ramamoorti

Books and Book Chapters by University of Dayton Faculty

No abstract provided.


Fish Population Dynamics During The Establishment Phase Of A Constructed Wetland, Danielle Alegre Jan 2003

Fish Population Dynamics During The Establishment Phase Of A Constructed Wetland, Danielle Alegre

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Wetlands Park Nature Preserve in Clark County Nevada is a constructed wetland that is home to several species of fish. The purpose of this study is to report on the fluctuations of the fish populations during the first 20 months of monitoring at the Wetlands Park Nature Preserve. This thesis analyzes the fish monitoring data in order to assess the behavior of the fish population of the Wetlands Preserve. As the environment at the Wetland has changed during its initial establishment, so has the fish population. Using data collected during the monthly monitoring protocol from June 2001 to January …


Computer Aided Dispatch Technology: A Study Of The Evolution And Expectations Of Cad And A Comparative Survey Of Cad In The U. S. Fire Service And The Clark County Fire Department., Kenneth E. Morgan Jan 2003

Computer Aided Dispatch Technology: A Study Of The Evolution And Expectations Of Cad And A Comparative Survey Of Cad In The U. S. Fire Service And The Clark County Fire Department., Kenneth E. Morgan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Dispatchers are the first link to assistance in the event of an emergency. Dispatchers must remain calm and gather information from terrified individuals, sort and extract the pertinent information, then relay that information to the responders. Effective dispatching is one of the most important functions of any public service agency (Christen 1991). This paper takes a look at the history and development of Computer Aided Dispatching (CAD). It will explain the various components of a fully functional state of the art CAD system and how each component affects the efficiency of emergency operations. Has computer aided dispatching made an impact …


Computer Aided Management Of Processes (Camp) At The National Environmental Service Center., Wiselin Dhas Mathuram Jan 2003

Computer Aided Management Of Processes (Camp) At The National Environmental Service Center., Wiselin Dhas Mathuram

Graduate Theses, Dissertations, and Problem Reports (ETD)

All business operations, either manufacturing or service, have certain processes they follow to accomplish their goals. These processes change with time due to financial performance, emerging market opportunities, or erosion of market share and they often need to be reengineered to improve their performance. This research aims to analyze and improve the product review process at the National Environmental Service Center (NESC). A supporting organizational structure is proposed. Process improvement was conducted by employee interviews, and a database was developed to integrate information flow between departments. The new software tool facilitates the workflow and helps to track, monitor, and manage …


The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen Jan 2003

The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen

Faculty Scholarship

The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.


Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola Jan 2003

Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola

St. Mary's Law Journal

Abstract Forthcoming.


Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon Jan 2003

Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon

St. Mary's Law Journal

Abstract Forthcoming.


Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr. Jan 2003

Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr.

St. Mary's Law Journal

Every Texas lawyer with a legal malpractice defense docket should be aware of the Zuniga rule and its possible exceptions. Although the general rule in Texas is that causes of action are freely assignable, because of the ruling in Zuniga v. Groce, Locke & Hebdon, legal malpractice causes of action are unassignable. The Texas Supreme Court declined to hear the case with the notation “writ refused” essentially adopting the lower court’s opinion as its own. Nonetheless, the decision in Zuniga did not resolve the problem of the insolvent judgment debtor, nor did Zuniga purport to invalidate all agreements that dispose …


What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D. Jan 2003

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.


A Theory Of Self-Control Problems And Incomplete Contracting: The Case Of Shareholder Contracts, Manuel A. Utset Jan 2003

A Theory Of Self-Control Problems And Incomplete Contracting: The Case Of Shareholder Contracts, Manuel A. Utset

Utah Law Review

This Article approached the incomplete contracting problem from a new perspective, one that brought to the foreground potential self-control problems faced by contracting parties. The Article identified two sources of incomplete contracts due to self-control problems. First, this Article showed how the timeinconsistent preferences of transacting parties can lead the parties to repeatedly procrastinate adopting contractual provisions that they had a strict (long-term) preference to adopt. Second, the Article showed how the intertemporal nature of contracting can lead to a projection bias by transacting parties: when trying to predict how their preferences may evolve during the transaction, parties will tend …