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2003

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The Gretsch House Telegram, A Publication For Gretsch Retailers, Volume 9 No. 1, Gretsch Company Jan 2003

The Gretsch House Telegram, A Publication For Gretsch Retailers, Volume 9 No. 1, Gretsch Company

Gretsch Company Newsletters

No abstract provided.


The Invention Of Health Law, Maxwell Gregg Bloche Jan 2003

The Invention Of Health Law, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

By default, the courts are inventing health law. The law governing the American health system arises from an unruly mix of statutes, regulations, and judge-crafted doctrines conceived, in the main, without medical care in mind. Courts are ill-equipped to put order to this chaos, and until recently they have been disinclined to try. But political gridlock and popular ire over managed care have pushed them into the breach, and the Supreme Court has become a proactive health policy player. How might judges make sense of health law's disparate doctrinal strands? Scholars from diverse ideological starting points have converged toward a …


Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban Jan 2003

Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.


Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow Jan 2003

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …


"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet Jan 2003

"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This is a deeply confused book. Not that the authors' stance is unclear: They have seen federal courts in action, and they don't like what they see. Their subject is federal judicial supervision of state and local governments through injunctive decrees. The authors' position wouldn't be confused - or at least would be confused in a different way - if they dealt with injunctive decrees aimed at enforcing what the judges took to be constitutional requirements. In such cases there's at least something coherent that can be said about judges displacing democratic decision-making. Sandler and Schoenbrod, though, don't deal with …


Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet Jan 2003

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin in Part I by offering a description of the Supreme Court's recent decisions as a less substantial repudiation of prior principles than many think them to be, and as leaving Congress with the means to achieve a quite substantial proportion of the policy goals it pursued in the statutes the Court invalidated. Part II explains why Congress is unlikely to do so, in light of our apparent commitment to divided government, and parties that are organized around distinctive ideologies because of divided government. Part III turns to the prospect for continued policy transformation, identifying the conditions under which …


Self-Historicism, Mark V. Tushnet Jan 2003

Self-Historicism, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Among the contributors to this symposium, I may be the person with the longest acquaintance with Sandy Levinson. I want to begin, therefore, with a recollection of the period of my earliest contacts with Sandy - a recollection that, as I hope to show, has some bearing on some of the aspects of Sandy's work that most interest me . . . I use these examples to introduce an argument connected to Sandy's longstanding interest in historical memory. The casebook of which he is a co-author is organized historically-relentlessly so, I would put it, to the point where I personally …


Leveling The Playing Field: Federal Rules Of Evidence 412 & 415: Evidence Class As A Platform For Larger (More Important) Lessons, Jane H. Aiken Jan 2003

Leveling The Playing Field: Federal Rules Of Evidence 412 & 415: Evidence Class As A Platform For Larger (More Important) Lessons, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Teachers often approach Federal Rules of Evidence 412 and 415 with trepidation. After all, it means that a law teacher will have to talk about sex, with a group (often a large group) of law students - many of whom are in their early twenties and have never had a non-peer conversation about sex. It looks like a recipe for disaster. Let me suggest just the opposite - it offers the law teacher an opportunity to address perhaps one of the most important lessons of law school: the law only works if there is a level playing field.


Minnesota Wild, Lisa Heinzerling Jan 2003

Minnesota Wild, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In these remarks I am going to tell two stories and then add - to the growing list compiled so far in this Symposium - two new quasi-religious, metaphorical figures. In keeping with our overall theme of eco-pragmatism, my remarks will be experimental, contingent, even nonlinear. I hope you will indulge me.


Clinical Uncertainty And Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. Mcguire, Naomi Seiler Jan 2003

Clinical Uncertainty And Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. Mcguire, Naomi Seiler

Georgetown Law Faculty Publications and Other Works

The Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: "Racial and ethnic disparities in health care exist and, because they are associated with worse outcomes in many cases, are unacceptable." The mechanisms that generate racial and ethnic disparities in medical care operate at the levels of the health care system and the clinical encounter. Research demonstrates the role of health care system factors, including differences in insurance coverage and other determinants of healthcare access, in producing disparities. Research also shows, however, that even when insurance status and other measures of access are …


Remarks Of Seth P. Waxman At The Memorial Observance For Justice Byron R. White, United States Supreme Court, Seth P. Waxman Jan 2003

Remarks Of Seth P. Waxman At The Memorial Observance For Justice Byron R. White, United States Supreme Court, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

Members of the Court, members of the family, and friends of Justice White- Alone among today's speakers, I met Justice White only late in his life. Growing up in the law, my relationship with him was the one many kids today have with Michael Jordan - I wanted to be "like White" -like the kind of man he was. I still have that aspiration. Like Byron White, I served in the Department of Justice and was altered forever by that honorable institution. And - like Justice White, in my own lesser way, I strove within the walls of this institution …


Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Panel For Former Solicitors General, Seth P. Waxman, Walter E. Dellinger Iii, Kenneth W. Starr, Charles Fried, Drew S. Days Iii Jan 2003

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Panel For Former Solicitors General, Seth P. Waxman, Walter E. Dellinger Iii, Kenneth W. Starr, Charles Fried, Drew S. Days Iii

Georgetown Law Faculty Publications and Other Works

I agree entirely that the chain of command is clear and that the Framers managed to make it all the way through all the articles of the Constitution without even conceiving of a solicitor general, let alone bothering to mention an attorney general. It is important nonetheless to distinguish between those things the solicitor general does pursuant to the longstanding notice-and-comment regulation, and the other things a solicitor general may do pursuant to his (and, someday, her!) statutory obligation to be of general assistance to the attorney general.


Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Clinton Ii Panel, Seth P. Waxman, Walter E. Dellinger Iii, Barbara D. Underwood, Michael R. Dreeben Jan 2003

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Clinton Ii Panel, Seth P. Waxman, Walter E. Dellinger Iii, Barbara D. Underwood, Michael R. Dreeben

Georgetown Law Faculty Publications and Other Works

I will say a few words about Dickerson, both because Michael has made it impossible not to and also because in some ways it represents the very best about how all of the wonderful, tried-and-true processes of the SG's Office ought to work. Dickerson was very much like the other case that Michael talked about (which is one of, I think, two significant privilege controversies which the Independent Counsel laid on our doorstep). These cases may have appeared to the outside world as paradigmatically cases in which we would be hearing from the White House, or talking to the White …


Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione Jan 2003

Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

At the inception of their careers, most lawyers have little or no background in classical rhetoric. Many law students enter law school thinking that they will receive formal training in either logic or rhetoric, but very few law schools even teach classes in these subjects. In the absence of any formal training, most lawyers learn to write persuasively by imitating “good” legal writing. The consequence for the legal profession is an abundance of legal writing that is not grounded conceptually in the rhetorical tradition from which it is derived. The principal problem with legal writing is not that lawyers cannot …


An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth Jan 2003

An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The UN Security Council has taken important steps against terrorism since the attacks of September 11, 2001. Some of those steps build on previous Security Council counterterrorism efforts; others represent significant innovations. I will focus in particular on Resolution 1373, which the Council adopted on September 28, 2001, and on Resolution 1390, adopted four months later in January 2002.


Assessment Of Dietary Enzyme Supplementation On Ileal And Total Tract Digestibilities In Gestating And Lactating Swine, Ana Lúcia Pozzobon De Souza Jan 2003

Assessment Of Dietary Enzyme Supplementation On Ileal And Total Tract Digestibilities In Gestating And Lactating Swine, Ana Lúcia Pozzobon De Souza

University of Kentucky Doctoral Dissertations

The objective of this dissertation was to evaluate the effects of exogenous enzymesupplementation to gestation-lactation diets on the digestibility of nutrients in mature swinefemales and the associated implications on energy metabolism during gestation and lactationphysiologic states. Three experiments were performed to evaluate the effects of commerciallyavailable enzyme products or pure enzymes on the digestibility of nutrients. Crossover designs intwo periods during gestation (early and late gestation) and lactation were studied to obtain anincreased number of observations from the surgically cannulated sows.Experiment 1 evaluated the effects of two enzyme products supplemented to a practicalcorn soybean meal diet fed to second parity …


An Approach To The Measurement Of Sexual Behavior In The Bull (Bos Taurus) Using Variable Female Stimulus Conditions, John Denver Bailey Jan 2003

An Approach To The Measurement Of Sexual Behavior In The Bull (Bos Taurus) Using Variable Female Stimulus Conditions, John Denver Bailey

University of Kentucky Doctoral Dissertations

Most researchers studying sexual behavior of the bull have adopted the practice of severely restraining and sedating female stimuli, utilizing so-called "service stanchions" and quantifying behavioral events expressed by each bull. Based on these observations, bulls are classified as having high, medium, or low libido and ranked according to their ability to "service" the inanimate stimuli. It has been assumed that these methods represent appropriate measurements of reproductive behavior that will be expressed in a natural mating scenario and that bull sexual behavior can be studied in a manner that is independent of the context of the female. Hence, conventional …


A Spatial Model For Evaluating Variable-Rate Fertilizer Application Accuracy, John Patrick Fulton Jan 2003

A Spatial Model For Evaluating Variable-Rate Fertilizer Application Accuracy, John Patrick Fulton

University of Kentucky Doctoral Dissertations

The popularity of variable-rate technology (VRT) has grown. However, the limitations and errors ofthis technology are generally unknown. Therefore, a spatial data model was developed to generate "asapplied"surfaces to advance precision agricultural (PA) practices. A test methodology based on ASAEStandard S341.2 was developed to perform uniform-rate (UR) and variable-rate (VR) tests to characterizedistribution patterns testing four VRT granular applicators (two spinner spreaders and two pneumaticapplicators). Single-pass UR patterns exhibited consistent shapes for three of the applicators with patternsshifts observed for the fourth applicator. Simulated overlap analysis showed that three of the applicatorsperformed satisfactorily with most CVs less than 20% while …


Mid-Holocene Emergent Complexity And Landscape Transformation: The Social Construction Of Early Formative Communities In Uruguay, La Plata Basin, José Iriarte Jan 2003

Mid-Holocene Emergent Complexity And Landscape Transformation: The Social Construction Of Early Formative Communities In Uruguay, La Plata Basin, José Iriarte

University of Kentucky Doctoral Dissertations

This dissertation is a multidisciplinary study combining both archaeological andpaleoecological data to examine the rise of early Formative societies in Uruguay, La Plata Basin.It is contextualized within broader anthropological concerns related to the emergence of culturalcomplexity, the significance of ritual and public architecture in intermediate-level societies, andthe role of human-environment interactions during the mid-Holocene. This investigationgenerated the first Late Quaternary paleoclimatic record, based on pollen and phytolith analyses,documenting that the mid-Holocene (ca. 6,620 to ca. 4,040 bp) was a period of environmentalflux and increased aridity. It describes the occupational history of the Los Ajos site from thecreation of a household-based …


Traits Underlying Invasiveness: A Comparison Of Widespread And Endemic Species In The Genus Gambusia (Poeciliidae), Jennifer Schopf Rehage Jan 2003

Traits Underlying Invasiveness: A Comparison Of Widespread And Endemic Species In The Genus Gambusia (Poeciliidae), Jennifer Schopf Rehage

University of Kentucky Doctoral Dissertations

Due to the irreversible nature of biological invasions, prediction has been a key area of emphasis in invasion biology. Specifically, the degree to which species-specific traits may help us predict invasion success is a core issue in the field. My research examined a series of traits and asked whether they were good predictors of invasion success, particularly establishment success. I compared traits among four species of the poeciliid fish Gambusia, two of them highly invasive (G. affinis and G. holbrooki) and two of them non-invasive (G. hispaniolae and G. geiseri).I examined abiotic tolerances, feeding behavior, behavioral responses to novel predation …


Cis- And Trans-Activation Of Hormone Receptors: The Lh Receptor, Changwoo Lee Jan 2003

Cis- And Trans-Activation Of Hormone Receptors: The Lh Receptor, Changwoo Lee

University of Kentucky Doctoral Dissertations

The Luteinizing hormone receptor (LHR) belongs to the G protein-coupled receptor family, asdo the other glycoprotein hormone receptors for FSH, TSH, and CG. The LHR comprises twohalves of ~350 amino acids: an extracellular hormone binding exodomain and a seventransmembrane-spanning endodomain responsible for signal generation. Hormone binds to theexodomain with high affinity, and the resulting conformational changes in thehormone/exodomain complex modulate the endodomain to generate hormone signals. Hormonebinding to an LHR produces hormonal signals (cis-activation), but it is not known whether aliganded LHR could activate other unoccupied LHRs (trans-activation). The LHR activates bothadenylyl cyclase and phospholipase C??. This dissertation shows that …


Identification And Characterization Of Contact Sites Between Human Chorionic Gonadotropin And Luteinizing Hormone/Choriogonadotropin Receptor, Myoungkun Jeoung Jan 2003

Identification And Characterization Of Contact Sites Between Human Chorionic Gonadotropin And Luteinizing Hormone/Choriogonadotropin Receptor, Myoungkun Jeoung

University of Kentucky Doctoral Dissertations

The luteinizing hormone receptor (LHR) belongs to the G protein-coupled receptorfamily. It consists of two distinct domains; the N-terminal extracellular exodomain and themembrane associated endodomain which includes 7 transmembrane domains, 3 exoloops, 3cytoloops and a C-terminal tail. Sequence alignment and computer modeling suggest thepresence of Leu Rich Repeat (LRR) motifs in the exodomain. Although their structuralsimilarity is high, each LRR is not equally important for hormone binding. Ala-scanning andtruncation studies performed in our laboratory suggest that LRR2 and LRR4 appear to be themost crucial. The Ala-scanning data suggest that Leu103 and Ile105 in LRR4 are important forhormone binding. However, it …


Pre-Copulatory Sexual Cannibalism In Fishing Spiders: The Ecology Of An Extreme Sexual Conflict, J. Chadwick Johnson Jan 2003

Pre-Copulatory Sexual Cannibalism In Fishing Spiders: The Ecology Of An Extreme Sexual Conflict, J. Chadwick Johnson

University of Kentucky Doctoral Dissertations

Pre-copulatory sexual cannibalism (pre-SC), or predation of a potential mate before sperm transfer, provides an ideal model system for behavioral ecology's current focus on inter-sexual conflict. Studying the North American fishing spider (Dolomedes triton), I tested three female-benefit hypotheses for pre-SC: indirect benefits, direct benefits, and aggressive spillover. First, pre-SC may reflect a mating bias providing females with 'good-genes' benefits. By manipulating each female's options with regard to the most cited phenotypic advantage in male spiders, body size, I show that while females exhibit no bias in their attack tendency on males of different body sizes, large males mate significantly …


Transmission Electron Microscopy And Flow Field-Flow Fractionation: Exploration Of The Nanoscopic Components In Partially Reduced Polyoxomolybdates By Kinetic Precipitation With De Novo Organic Molecules, Yan Zhu Jan 2003

Transmission Electron Microscopy And Flow Field-Flow Fractionation: Exploration Of The Nanoscopic Components In Partially Reduced Polyoxomolybdates By Kinetic Precipitation With De Novo Organic Molecules, Yan Zhu

University of Kentucky Doctoral Dissertations

Although molybdenum blue solutions have been known for more than twocenturies, an understanding of their chemical nature is only beginning to emerge.This dissertation aimed at elucidating the structural nature of the polydisperse,nanoscopic components in the solution phases and the solid states of partiallyreduced polyoxomolybdate (Mo-POM). The study offered at least fourcontributions to the area: (1) a rational protocol for the molecular recognition ofMo-POM with de novo organic hosts. (2) demonstration of kinetic precipitation ofa dynamic mixture of polyoxomolybdates and application of the technique to thestudy of the dynamic mixture by TEM (3) characterization of the Mo-POMnanostructures by an unusual combination …


Innovation In A University Social System: The Adoption Of Electronic Theses And Dissertations Digital Libraries, Suzanne Lorraine Allard Jan 2003

Innovation In A University Social System: The Adoption Of Electronic Theses And Dissertations Digital Libraries, Suzanne Lorraine Allard

University of Kentucky Doctoral Dissertations

The "digital library" (DL) is a communication technology that has the potential to improve communication by removing temporal and geographic barriers and by introducing interactivity. This research focused on the adoption of digital libraries for electronic theses and dissertations (ETD-DL) at universities worldwide. ETD-DLs provide a means for universities to learn about implementing digital libraries in a networked environment.This research used diffusion of innovation theory to explore what has influenced ETD-DL adoption among Networked Digital Library of Theses and Dissertations (NDLTD) member universities. Communication channels were categorized as being either interpersonal or mediated. The perceived importance of these channels was …


Quality Of Life Dimensions For Adults With Developmental Disabilities, Kathleen Sheppard-Jones Jan 2003

Quality Of Life Dimensions For Adults With Developmental Disabilities, Kathleen Sheppard-Jones

University of Kentucky Doctoral Dissertations

Quality of life is a phrase that most people are familiar with, regardless of whether or not they can define it. Much research has been conducted across disciplines in an effort to explain the construct. As human service programs become more focused on outcomes, there is greater interest in measuring quality of life as an indicator of service quality and success. This study was designed to test whether or not quality of life differences exist between adults with developmental disabilities and the general population at an item, scale, and composite level. The quality of life dimensions that were tested included …


Issues In The Control Of Halfspace Systems, Ramprasad Potluri Jan 2003

Issues In The Control Of Halfspace Systems, Ramprasad Potluri

University of Kentucky Doctoral Dissertations

By the name HALFSPACE SYSTEMS, this dissertation refers to systems whose dynamics are modeled by linear constraints of the form Exk+1 <= Fxk + Buk (where E, F 2 andlt;mn, B 2 andlt;mp). This dissertation explores the concepts of BOUNDEDNESS, STABILITY, IRREDUNDANCY, and MAINTAINABILITY (which is the same as REACHABILITY OF A TARGET TUBE) that are related to the control of halfspace systems. Given that a halfspace system is bounded, and that a given static target tube is reachable for this system, this dissertation presents algorithms to MAINTAIN the system in this target tube. A DIFFERENCE INCLUSION has the form xk+1 = Axk + Buuk, where xk, xk+1 2 andlt;n, uk 2 andlt;p, A 2 andlt;nn, Bu 2 andlt;np, Ai 2 andlt;nn, Bj 2 andlt;np, and A and Bu belong to the convex hulls of (A1,A2, . . . ,Aq) and (B1, B2, . . . , Br) respectively. This dissertation investigates the possibility that halfspace systems have equivalent difference inclusion representation for the case of uk = 0. An affirmitive result in this direction may make it possible to apply to halfspace systems the control theory that exists for difference inclusions.


Rules Based Modeling Of Discrete Event Systems With Faults And Their Diagnosis, Zhongdong Huang Jan 2003

Rules Based Modeling Of Discrete Event Systems With Faults And Their Diagnosis, Zhongdong Huang

University of Kentucky Doctoral Dissertations

Failure diagnosis in large and complex systems is a critical task. In the realm of discrete event systems, Sampath et al. proposed a language based failure diagnosis approach. They introduced the diagnosability for discrete event systems and gave a method for testing the diagnosability by first constructing a diagnoser for the system. The complexity of this method of testing diagnosability is exponential in the number of states of the system and doubly exponential in the number of failure types. In this thesis, we give an algorithm for testing diagnosability that does not construct a diagnoser for the system, and its …


Clothes Talk: Youth Modernities And Commodity Consumption In Dakar, Senegal, Suzanne Scheld Jan 2003

Clothes Talk: Youth Modernities And Commodity Consumption In Dakar, Senegal, Suzanne Scheld

Dissertations, Theses, and Capstone Projects

Based on twelve months of fieldwork in Dakar, Senegal and funded by the Wenner Gren Foundation, this thesis examines how in the context of contemporary globalization, increased volumes of luxury commodities shape the modern consciousness of individuals in a developing African city. This project specifically examines this phenomenon through a study of youth clothing consumption. Dakar is a consumer society with particular consumer dynamics. In addition to class, patron-clientage and kinship are central to understanding contemporary patterns of consumption in Dakar. Clothing is a commodity that has been radically altered by urbanization and the globalization of manufacturing processes and advertising. …


The Effect Of Visual Art On Music Listening, Jennifer Sue Shank Jan 2003

The Effect Of Visual Art On Music Listening, Jennifer Sue Shank

University of Kentucky Doctoral Dissertations

The purpose of this study was to examine the effect of visual stimuli on music listening skills in pre-service elementary teachers. Visual Stimuli in this study refers to the presentation of arts elements in selected visually projected images of paintings. Music listening skills are defined as those skills needed to identify and interpret musical excerpts. A Pretest-Posttest Control-group Design was used in this study. Subjects were pre-service elementary general educators enrolled in a large southern university (N=93). Students from intact classes were randomly placed into either the experimental group or the control group. The treatment consisted of six music listening …