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2003

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Articles 34801 - 34830 of 35540

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Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin Jan 2003

Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin

UC Law Journal

Recently, the tax expenditure budget has come under renewed attack. Some argue that the conceptual and implementational flaws in the tax expenditure budget justify discontinuing its publication. This Article argues that-if improving the utility of information distributed about the direction and function of government is a desired end-one must focus on the interaction between the various information sources rather than the merits or demerits of any particular source of information. In arguing for the publication of more, rather than less information, this Article points out the generality of the supposedly "fatal" flaws in the tax expenditure budget: all the sources …

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Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr. Jan 2003

Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr.

UC Law Journal

At the annual Jerome Hall Lecture, presented at the Hastings College of Law on September 19, 2002, Professor Hazard explored the concepts behind the American Bar Association's watchword "ABA Defending Liberty, Pursuing Justice" as it relates to the professional activities in which a large percentage of lawyers are regularly and actively engaged. Professor Hazard contends that although the watchword denotes lofty goals, the concepts of seeking justice and preserving liberty are not inconsistent with fee-forservice representation of ordinary individuals in their business matters. Approximately half of the practicing bar is engaged in the representation of business interests, including for-profit business, …

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A Better Way To Disarm Batterers, Tom Lininger Jan 2003

A Better Way To Disarm Batterers, Tom Lininger

UC Law Journal

This Article examines the federal statutes that criminalize the possession of firearms by domestic abusers. Professor Lininger discusses a number of factors that have impeded the enforcement of these statutes. He proposes several reforms that would strengthen the gun ban for domestic abusers. Among these proposals are amendments to the statutory language, changes in the procedure for background checks, and revisions of the applicable sentencing guidelines.

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Practice What You Preach: California's Obligation To Give Full Faith And Credit To The Vermont Civil Union, Christopher D. Sawyer Jan 2003

Practice What You Preach: California's Obligation To Give Full Faith And Credit To The Vermont Civil Union, Christopher D. Sawyer

UC Law Journal

This Note evaluates the inter-jurisdictional effect of the Vermont Civil Union statute. A same-sex couple who enters into a civil union in Vermont currently enjoys all of the Vermont state benefits typically conferred only on married couples. The Federal Defense of Marriage Act ("DOMA") removes the burden on states of having to afford full faith and credit to same-sex marriages. As such, this Note discusses whether the DOMA is applicable to the Vermont Civil Union in addition to same-sex "marriages." Furthermore, this Note discusses whether California, if not obliged federally under the DOMA to recognize the civil union, is nonetheless …

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Divorce Without Marriage: Establishing A Uniform Dissolution Procedure For Domestic Partners Through A Comparative Analysis Of European And American Domestic Partner Laws, Jessica A. Hoogs Jan 2003

Divorce Without Marriage: Establishing A Uniform Dissolution Procedure For Domestic Partners Through A Comparative Analysis Of European And American Domestic Partner Laws, Jessica A. Hoogs

UC Law Journal

This Note examines currently available dissolution procedures for same-sex couples in domestic partnerships, civil unions, and reciprocal beneficiary relationships. It compares the informal dissolution proceedings in California and Hawaii to the proceedings in Vermont and several European countries that more closely resemble traditional divorce actions. More formal dissolution procedures that require same-sex couples to go to court to dissolve their unions allow courts, rather than fighting couples, to determine such contentious issues as support, property division, and child custody and visitation. Although same-sex couples cannot legally marry in the United States, several states have created alternatives which extend some of …

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Macroinvertebrate Abundance And Distribution Of Hydrilla And Ceratophyllum Habitats In The Atchafalaya River Basin, Louisiana, Jose Checo Colon-Gaud Jan 2003

Macroinvertebrate Abundance And Distribution Of Hydrilla And Ceratophyllum Habitats In The Atchafalaya River Basin, Louisiana, Jose Checo Colon-Gaud

LSU Master's Theses

Submerged aquatic vegetation (SAV) plays an important role in aquatic systems, providing shelter, breeding habitat, and epiphytic forage for numerous fishes and aquatic macroinvertebrates. Since 1960, many lentic habitats in the southern U.S. have been invaded by Hydrilla verticillata, and in the last two decades this aggressive macrophyte has become the dominant species of SAV in the Atchafalaya River Basin in south central Louisiana. Because of its highly branched morphology and characteristically high densities, I found it difficult to quantitatively sample the macrofauna inhabiting hydrilla stands with traditional gears such as sweep nets, particularly under the canopy. As a consequence, …

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Trustwarp: The Importance Of Legal Rules To Electronic Commerce And Internet Privacy, Peter P. Swire Jan 2003

Trustwarp: The Importance Of Legal Rules To Electronic Commerce And Internet Privacy, Peter P. Swire

UC Law Journal

No abstract provided.

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Lifting The "Fog" Of Internet Surveillance: How A Suppression Remedy Would Change Computer Crime Law, Orin S. Kerr Jan 2003

Lifting The "Fog" Of Internet Surveillance: How A Suppression Remedy Would Change Computer Crime Law, Orin S. Kerr

UC Law Journal

No abstract provided.

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German And U.S. Telecommunications Privacy Law: Legal Regulation Of Domestic Law Enforcement Surveillance, Paul M. Schwartz Jan 2003

German And U.S. Telecommunications Privacy Law: Legal Regulation Of Domestic Law Enforcement Surveillance, Paul M. Schwartz

UC Law Journal

No abstract provided.

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Privacy Property, Information Costs, And The Anticommons, Edward J. Janger Jan 2003

Privacy Property, Information Costs, And The Anticommons, Edward J. Janger

UC Law Journal

No abstract provided.

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Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg Jan 2003

Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg

UC Law Journal

No abstract provided.

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Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove Jan 2003

Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove

UC Law Journal

No abstract provided.

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Did Privacy Cause Identity Theft?, Lynn M. Lopucki Jan 2003

Did Privacy Cause Identity Theft?, Lynn M. Lopucki

UC Law Journal

No abstract provided.

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State Wiretaps And Electronic Surveillance After September 11, Charles H. Kennedy, Peter P. Swire Jan 2003

State Wiretaps And Electronic Surveillance After September 11, Charles H. Kennedy, Peter P. Swire

UC Law Journal

No abstract provided.

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Matthaeus Pipelare's "Fors Seulement Chanson (Ii)" And Its Related Motet And Mass Performance Editions And Commentary, George H. Black, Jr. Jan 2003

Matthaeus Pipelare's "Fors Seulement Chanson (Ii)" And Its Related Motet And Mass Performance Editions And Commentary, George H. Black, Jr.

LSU Doctoral Dissertations

Matthaeus Pipelare was a composer from the southern Netherlands who flourished in the late fifteenth and early sixteenth centuries. Except for the little more than two years he spent as choirmaster for the Confraternity associated with the Cathedral of St. John in 's Hertogenbosch, located in Northern Brabant, almost nothing is known of his professional or personal life. Yet writers of the period hailed his skill and placed him in the same company as such well-known composers as Josquin, la Rue, Brumel, and Isaac. A small but excellent body of the composer's works survive in manuscripts and early prints housed …

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Psychosocial Predictors Of Visceral Adiposity, Paula C. Rhode Jan 2003

Psychosocial Predictors Of Visceral Adiposity, Paula C. Rhode

LSU Doctoral Dissertations

Psychosocial factors are thought to influence health through primarily direct physiological mechanisms or the alteration of health related behaviors. Three factors hypothesized to negatively impact health include arousal, life stress, and depressive symptomatology. One recent theorist suggests that the interaction between psychological stress and stress hormones on the neuroendocrine system may result in adverse changes to body composition, most notably the increased deposition of visceral adipose tissue (Bjorntorp, 1993). The current study prospectively examined the relationship between self-reported stressful life events, depressive symptoms and trait arousal on the deposition of visceral fat, as measured by computerized tomography (CT). Subjects were …

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Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson Jan 2003

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …

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Conceptualized Direct Perception: A Hybrid Theory Of Vision, Jason L. Megill Jan 2003

Conceptualized Direct Perception: A Hybrid Theory Of Vision, Jason L. Megill

LSU Master's Theses

I formulate a hybrid theory of perception, one in which the mind’s interaction with the world is a more direct affair than many suppose (no perceptual mental representations, no sense data, no Cartesian Theater), but one in which our concepts also play a role. My claims have implications for philosophical attempts to understand perception, cognitive science theories of vision, debates over the nature of consciousness, and philosophical debates concerning Artificial Intelligence.

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A Comparison Of Life Histories And Ecological Aspects Among Snappers (Pisces: Lutjanidae), Fernando Martinez-Andrade Jan 2003

A Comparison Of Life Histories And Ecological Aspects Among Snappers (Pisces: Lutjanidae), Fernando Martinez-Andrade

LSU Doctoral Dissertations

An extensive search for data on life-history and ecological variables was conducted for a representative number of the species within the family Lutjanidae. After creating different databases and standardizing all data, these variables were examined in statistical, correlation and graphic analyses. Additionally, a series of Principal Component Analyses were used to examine patterns among variables. Life-history variables included age at length zero, asymptotic length, maximum length, longevity, asymptotic weight, length at maturity, age at maturity, reproductive life span, growth rate and mortality rate. Ecological variables included latitudinal and vertical distribution, habitat selection (represented by substrate type), and spawning seasons. The …

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A Performance Edition Of The Opera Kaspar Der Fagottist By Wenzel Müller (1767-1835), As Arranged For Harmonie By Georg Druschetzky (1745-1819), Susan Nita Barber Jan 2003

A Performance Edition Of The Opera Kaspar Der Fagottist By Wenzel Müller (1767-1835), As Arranged For Harmonie By Georg Druschetzky (1745-1819), Susan Nita Barber

LSU Doctoral Dissertations

This document contains a score of the opera transcription for Harmonie that has been compiled from a manuscript collection currently in the holdings of the Helikon Castle Museum Library in Keszthely, Hungary (H KE 0/117) and arranged by Georg Druschetzky, Bohemian-born oboist and regimental drummer, who spent the major portion of his career working in the small geographical area of Bratislava, Vienna and Budapest. The most significant portion of this collection is extracted from Müller's opera Kaspar der Fagottist. This constitutes the last 15 arias found in Druschetzky's arranged collection of 42 Arias mentioned previously. Included is a presentation of …

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Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa Jan 2003

Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa

Articles by Maurer Faculty

Human rights language is particularly attuned to setting out the goals of protecting the worlds least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. …

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Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum Jan 2003

Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum

Articles by Maurer Faculty

This article was published in connection with UNIDROIT's 75th anniversary conference on worldwide harmonization of private law and regional economic integration. It begins by addressing the commercial need for harmonization in the area of secured transactions, discussing both traditional conflicts analysis in that field and particular obstacles to reform. It then outlines the specific reform initiatives that have been implemented to date, grouping them into sectoral instruments and regional instruments. It concludes by speculating on the future of harmonization efforts in security law.

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Assessing Sovereign Interests In Cross-Border Discovery Disputes: Lessons From Aerospatiale, Hannah Buxbaum Jan 2003

Assessing Sovereign Interests In Cross-Border Discovery Disputes: Lessons From Aerospatiale, Hannah Buxbaum

Articles by Maurer Faculty

The Hague Evidence Convention addresses a particular kind of jurisdictional conflict: the conflict between one nation's issuance of extraterritorial discovery orders and another nation's right to govern discovery activity taking place within its territory. The particular mechanisms that the Convention establishes for use in cross-border discovery proceedings, and the compromises between civil-law and common-law procedures for evidence gathering that it embodies, were effected with that system goal in mind. In Aerospatiale, the Supreme Court considered the scope of the Convention's application, addressing the interaction of Convention procedures and pre-existing federal rules on evidence gathering. As portions of the decision make …

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Helen M. Turner, American Impressionist, Maia Jalenak Jan 2003

Helen M. Turner, American Impressionist, Maia Jalenak

LSU Master's Theses

A renewal of interest in the French impressionists began in 1974 with the 100th anniversary of the first exhibition of the artists who broke with the official Salon in Paris and held their own exhibitions from 1874 through 1886. Since 1974, there has been a swell of interest in reinvestigating lesser-known European and American impressionist artists, especially women artists whose work often was relegated to second-class professional status. Among them was Helen Maria Turner (1858-1958), an artist whose work merits further examination. In the first two decades of the twentieth century, Turner's art was held in great esteem by critics, …

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Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley Jan 2003

Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

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Evaluation Of Computerized Reading Intervention, Jennifer Lynne Koenig Jan 2003

Evaluation Of Computerized Reading Intervention, Jennifer Lynne Koenig

LSU Master's Theses

The purpose of this study was to evaluate the effectiveness of a computer-based reading intervention with eight elementary school children. This program, called the Reading Center, utilizes repeated reading, listening passage preview, word drills, and comprehension questions. A multiple baseline design was used to evaluate the intervention effects on oral reading fluency. Results indicated growth in all eight children, with increases between 8.7 and 20 words per week for intervention passages. The implications of the results for the use of computer-delivered interventions are discussed.

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Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler Jan 2003

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Using Self-Determination Theory To Understand African American Women's Physical Activity Patterns, Joan B. Landry Jan 2003

Using Self-Determination Theory To Understand African American Women's Physical Activity Patterns, Joan B. Landry

LSU Doctoral Dissertations

Physical inactivity is a major health risk factor in our society. Women and minority populations are especially at risk with regard to physical inactivity. This three-part study employed quantitative and qualitative methodologies to investigate physical activity behaviors in middle aged and older African American women. This population was chosen because African American women are the least active segment of our society. In the first phase, a quantitative approach was used to investigate relationships between Self-Determination and the Stage of Change for physical activity in a sample of 105 African American women. This study provided validation for using this theoretical approach …

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The Transcendental Eigenvalue Problem And Its Application In System Identification, Kumar Vikram Singh Jan 2003

The Transcendental Eigenvalue Problem And Its Application In System Identification, Kumar Vikram Singh

LSU Doctoral Dissertations

An accurate mathematical model is needed to solve direct and inverse problems related to engineering analysis and design. Inverse problems of identifying the physical parameters of a non-uniform continuous system based on the spectral data are still unsolved. Traditional methods, for the system identification purpose, describe the continuous structure by a certain discrete model. In dynamic analysis, finite element or finite difference approximation methods are frequently used and they lead to an algebraic eigenvalue problem. The characteristic equation associated with the algebraic eigenvalue problem is a polynomial. Whereas, the spectral characteristic of a continuous system is represented by certain transcendental …

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A Mediated Hierarchical Regression Analysis Of Factors Related To Research Productivity Of Human Resource Education And Workforce Development Postsecondary Faculty, Heather Anne Williams Jan 2003

A Mediated Hierarchical Regression Analysis Of Factors Related To Research Productivity Of Human Resource Education And Workforce Development Postsecondary Faculty, Heather Anne Williams

LSU Doctoral Dissertations

This study described Human Resource Education and Development Faculty; their research productivity, satisfaction with instructional duties and other related job factors, and opinion of emphasis on research/teaching at their employing institutions; analyzed differences between faculty members’ actual time spent and preferred time spent through the use of t-tests; and determined if selected factors drive research productivity measured as a career research productivity score, a recent research productivity score, and time spent in research through the use of mediated hierarchical regression. The study utilized two NCES data sets derived from the 1992-93 and 1998-99 National Study of Postsecondary Faculty surveys. HRED …

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