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2003

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Negotiating The Jurisprudential Terrain: A Model Theoretic Approach To Legal Theory, Christopher Roederer Jan 2003

Negotiating The Jurisprudential Terrain: A Model Theoretic Approach To Legal Theory, Christopher Roederer

Seattle University Law Review

This paper explores borrowing a meta-theoretical approach to theory from the natural and social sciences in order to provide a framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence. Often it is the case that students of jurisprudence go from one school or theory to another with one of three responses: (1) this makes no sense to me; (2) this makes some sense, but what is the point or relevance; or (3) this makes sense and seems true, but so do many of the schools, theories, and theorists we have …

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Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan Jan 2003

Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan

Seattle University Law Review

This article explores the ramifications of stretching the Equal Access Act ("EAA" or "the Act") beyond equal access to school premises for meetings during noninstructional time. Part I provides background on the Equal Access Act, from its legislative origins through its interpretations by federal courts. This part includes a careful look at the statute's often confusing language. Part II describes and criticizes Prince v. Jacoby. I argue that the decision is plagued with legal errors large and small, but that the main error is its failure to consider a central question: equal access to what? Both the EAA and …

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A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark Jan 2003

A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark

Seattle University Law Review

This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.

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Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell Jan 2003

Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell

Seattle University Law Review

Part II of this Note presents the factual background and procedural history of Davey v. Locke. Part III discusses the Free Exercise Clause of the First Amendment. Section A provides a basic background on the Supreme Court's free exercise jurisprudence. Section B applies the Court's precedent to Davey, and concludes that the Ninth Circuit sidestepped a true "prohibition" analysis. Sections A, B, and C of Part IV discuss the differing neutrality examinations within free exercise, free speech, and establishment jurisprudence, respectively. Section D discusses the overlapping application of neutrality criteria in establishment and free speech funding cases. Section E concludes …

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Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum Jan 2003

Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum

Seattle University Law Review

This Note will outline the history preceding the passage of FISA, including a discussion of the cases from which the "primary purpose test" arose. The Note will then explore the language of the FISA statute, and the U.S. Circuit Courts of Appeals' continuing reliance on the "primary purpose" test in the analysis of cases decided following the passage of FISA. Following a discussion of the historic FISC and FISA Review Court opinions in Parts III and IV, including an articulation of the Patriot Act amendments to FISA, Part V of the Note will focus on the ramifications of the Review …

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The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining Jan 2003

The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining

Other Publications

The subject I was asked to think about with you today is raised by a very large change in the focus of biomedical research. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. …

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Review Of Stephen Grosby, Biblical Ideas Of Nationality: Ancient And Modern, Daniel L. Smith-Christopher Jan 2003

Review Of Stephen Grosby, Biblical Ideas Of Nationality: Ancient And Modern, Daniel L. Smith-Christopher

Theological Studies Faculty Works

No abstract provided.

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The Critique Of Theological Reason, Jonathan Rothchild Jan 2003

The Critique Of Theological Reason, Jonathan Rothchild

Theological Studies Faculty Works

No abstract provided.

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Clay Landfill Liners Subject To Variable Interfacial Redox And Ph Conditions-Heavy Metal And Clay Interactions, Ping Zhou Jan 2003

Clay Landfill Liners Subject To Variable Interfacial Redox And Ph Conditions-Heavy Metal And Clay Interactions, Ping Zhou

LSU Doctoral Dissertations

Municipal landfill leachate contains high levels of metal species, including Cu, Zn, Cd and Pb generating competitive interactions between these metal species and the landfill clay liner materials. Characterization of the clay fraction, physical and chemical characteristics of landfill clay liner materials, the competitive interaction of metal species with clay liner materials, the kinetic modeling of metal species transport in clay liner, and the effect of cyclic interfacial redox potential on the structural changes to the clay liner and leachate metal transport were investigated in this study. The clay liner materials studied included Na-bentonite, kaolinite and Amite soil (sandy silty …

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Common Data Set, 2002-2003, Planning, Research, And Policy Analysis Jan 2003

Common Data Set, 2002-2003, Planning, Research, And Policy Analysis

Common Data Set (2001-present)

Common Data Set 2002-2003 for Illinois State University

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Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander Jan 2003

Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander

Villanova Law Review (1956 - )

No abstract provided.

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Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant Jan 2003

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Villanova Law Review (1956 - )

No abstract provided.

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Enron - When All Systems Fail: Creative Destruction Or Roadmap To Corporate Governance Reform, Douglas M. Branson Jan 2003

Enron - When All Systems Fail: Creative Destruction Or Roadmap To Corporate Governance Reform, Douglas M. Branson

Villanova Law Review (1956 - )

No abstract provided.

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A Revisionist View Of Enron And The Sudden Death Of May, Frank Partnoy Jan 2003

A Revisionist View Of Enron And The Sudden Death Of May, Frank Partnoy

Villanova Law Review (1956 - )

No abstract provided.

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One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello Jan 2003

One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello

Villanova Law Review (1956 - )

No abstract provided.

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Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz Jan 2003

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Articles

No abstract provided.

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Coverage Of Foreign News By The United States Media: A Study Of Perception Of Bias Amongst The International Students At West Virginia University., Sukhjeet Sahni Jan 2003

Coverage Of Foreign News By The United States Media: A Study Of Perception Of Bias Amongst The International Students At West Virginia University., Sukhjeet Sahni

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research examined whether the international students at WVU perceive a bias in the coverage of foreign news by the American media. A content analysis research was conducted by developing a survey, which was filled in by the international students at West Virginia University. The results of the survey were evaluated to determine whether bias and imbalance in U.S. international news coverage were perceived by the international students and if so whether there was a correlation between their national identification and their perception of media bias. The research also evaluated which factors have a significant effect on their perception of …

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Apoptosis-Necrosis Paradox: Implications To The Pathogenesis Of Inflammatory Disorders., Djordje Medan Jan 2003

Apoptosis-Necrosis Paradox: Implications To The Pathogenesis Of Inflammatory Disorders., Djordje Medan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first section of this work addressed the relationship between apoptotic and necrotic cell death and their role in inflammatory lung injury induced by endotoxin. Pulmonary administration of lipopolysaccharide (LPS) into the lung of mice caused a time-dependent increase in the levels of pro-inflammatory cytokine TNF-α and inflammatory cell influx in the bronchoalveolar lavage (BAL) fluids. Control mice showed only resident alveolar macrophages with no apoptosis as determined by terminal deoxyribonucleotidyl transferase-mediated dUTP nick end-labeling (TUNEL) and histone-bound DNA fragmentation assays. In contrast, LPS-treated mice showed clear apoptosis of BAL cells. Microscopic studies confirmed the presence of apoptotic neutrophils and …

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Coherent Backscattering Of Light In Atomic Systems: Application To Weak Localization In An Ensemble Of Cold Alkali-Metal Atoms, D. V. Kupriyanov, I. M. Sokolov, P. Kulatunga, C. I. Sukenik, M. D. Havey Jan 2003

Coherent Backscattering Of Light In Atomic Systems: Application To Weak Localization In An Ensemble Of Cold Alkali-Metal Atoms, D. V. Kupriyanov, I. M. Sokolov, P. Kulatunga, C. I. Sukenik, M. D. Havey

Physics Faculty Publications

Development of a theoretical treatment of multiple coherent light scattering in an ultracold atomic gas is reported. Specific application is made to coherent backscattering of a weak-radiation field from realistically modeled samples of ultracold atomic 85Rb. Comprehensive Monte Carlo simulations of the spatial, spectral, and polarization dependence of the backscattering line shape are made and compared with available experimental results.

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The Impact Of Student Discourse And Journal Writing On The Mathematics Achievement Of Fifth-Grade Students., Lesley A. Klishis Jan 2003

The Impact Of Student Discourse And Journal Writing On The Mathematics Achievement Of Fifth-Grade Students., Lesley A. Klishis

Graduate Theses, Dissertations, and Problem Reports (ETD)

In its Curriculum and Evaluation Standards for School Mathematics, the National Council of Teachers of Mathematics called for a new vision of what is means to be mathematically literate (NCTM, 2000). A major goal of this reform movement has been to provide students with opportunities to develop "mathematical habits of the mind to not only know the signs, symbols, and terms of mathematics, but to read, write, and discuss mathematics. This study investigated the relationship between instructional strategies and student understanding in mathematics. Specifically, the study explored whether student discourse is a desirable prerequisite of journal writing, and whether the …

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Insurance, Terrorism, And 9/11, Robert H. Jerry Ii Jan 2003

Insurance, Terrorism, And 9/11, Robert H. Jerry Ii

Faculty Publications

The question of whether 9/11 has changed the insurance world cannot be answered simply. In some respects, nothing is different, but it is difficult to be sanguine about this assessment. Terrorism is less predictable in terms of magnitude and frequency of loss, and this raises doubts about the capacity of the industry with respect to future events. Until the uncertainty with respect to the terrorism risk abates and markets stabilize, problems of cost and availability will persist. This, of course, has been true in other insurance sectors in the past, and temporary dislocations do not necessarily justify government intervention. If, …

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Louisiana Sugar: A Geohistorical Perspective, Elizabeth Vaughan Jan 2003

Louisiana Sugar: A Geohistorical Perspective, Elizabeth Vaughan

LSU Doctoral Dissertations

The planting of sugarcane in Louisiana’s southern parishes has persisted with stunning continuity since its introduction in the late eighteenth century. This industry, however, is an economic and agricultural anomaly. It is a relic of the sixteenth-century expansion of European capitalism in which granulated sugar, then a novel product, stimulated the Atlantic slave trade and contributed to the incorporation of the sugar-producing colonies of the Americas into an emerging European-world economy. The Louisiana sugar industry was launched in 1795 with a historic granulation from a new variety of sugarcane recently introduced into the Caribbean. From this early success, the industry …

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A Study And An Approach To Historical Performance Practices In The French Baroque Based On François Couperin's Treiziéme Concert À 2 Instrumens À L'Unisson, James Jeffery Womack Jan 2003

A Study And An Approach To Historical Performance Practices In The French Baroque Based On François Couperin's Treiziéme Concert À 2 Instrumens À L'Unisson, James Jeffery Womack

LSU Doctoral Dissertations

The purpose of this document is to examine and explain historical performance practices as applicable to the Treiziéme Concert à 2 instrumens à L’unisson of Fran çois Couperin. It provides an in depth look at the written and unwritten traditions of tempo, articulation, phrasing, ornamentation, and the use of in égal. Meant as a guide for players of the modern bassoon, this monograph guides the reader through the aspects of performance practice listed above and their application to that instrument. This document contains an introductory chapter and a biographical chapter. The remaining chapters explain the components of historical performance practice …

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Effects Of Submergence And Hypoxia On The Growth And Anatomy Of Rice (Oryza Sativa L.) Seedlings, Denise M. D'Abundo Jan 2003

Effects Of Submergence And Hypoxia On The Growth And Anatomy Of Rice (Oryza Sativa L.) Seedlings, Denise M. D'Abundo

LSU Doctoral Dissertations

Aerenchyma - a specialized tissue with abundant, interconnected gas spaces - facilitates oxygen transport from shoots to roots in many emergent wetland plants. The importance of oxygen transport to root elongation and aerenchyma development in rice (Oryza sativa L.) seedlings was demonstrated in this investigation. Germinated seeds of Lemont (a commercial cultivar) and red rice (an agricultural weed) were positioned at 4.5, 2.5, or 1.0 cm below the surface of aerated or hypoxic water to control the duration of leaf submergence and the availability of oxygen. Primary root and leaf lengths were measured daily. Aerenchyma was compared among emergent and …

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Solute Transport In A Porous Medium: A Mass-Conserving Solution For The Convection-Dispersion Equation In A Finite Domain, William Golz Jan 2003

Solute Transport In A Porous Medium: A Mass-Conserving Solution For The Convection-Dispersion Equation In A Finite Domain, William Golz

LSU Doctoral Dissertations

This dissertation considers the proper mathematical description for the physical problem of a miscible solute undergoing longitudinal convective-dispersive transport with constant production, first-order decay, and equilibrium sorption in a porous medium. Initial and input concentrations may be any continuously differentiable functions and the mathematical system is articulated for a finite domain. This domain yields a mass balance which requires Robin (i.e., third-type) boundaries, which describe a continuous flux but a discontinuous resident-concentration. The discontinuity in the resident concentration at the outflow boundary yields an underdetermined system when the exit concentration is not experimentally measured. This is resolved by defining the …

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Evolution Of Ecological Diversity In The Neotropical Tanagers Of The Genus Tangara (Aves: Thraupidae), Kazuya Naoki Jan 2003

Evolution Of Ecological Diversity In The Neotropical Tanagers Of The Genus Tangara (Aves: Thraupidae), Kazuya Naoki

LSU Doctoral Dissertations

The origin and maintenance of biological diversity has been one of the fundamental issues in biology. However, the evolution of ecological traits that affect species coexistence and species diversity is poorly known. My research aimed to investigate the evolution of species-specific ecological and morphological traits and to understand the process of ecological diversification and species coexistence in Tangara tanagers (Thraupidae) by using phylogenetic comparative methods. Tangara is the largest avian genus in the New World with 50 recognized species. As many as ten species of Tangara are found sympatrically in the same Andean cloud forest, and many syntopic species travel …

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Subversive Bodies: Embodiment As Discursive Strategy In Women's Popular Literature Of The Long Eighteenth Century, Phyllis Ann Thompson Jan 2003

Subversive Bodies: Embodiment As Discursive Strategy In Women's Popular Literature Of The Long Eighteenth Century, Phyllis Ann Thompson

LSU Doctoral Dissertations

“Subversive Bodies: Embodiment as Discursive Strategy in Women’s Popular Literature of the Long Eighteenth Century” examines literary representations of the body as strategies of resistance. This study demonstrates that Manley's Secret Memoirs from the New Atalantis, Haywood's Female Spectator, and Burney's Journal and Letters, as well as unpublished receipt books for medicinal and cosmetic preparations, challenge the prevailing masculinist notion of a passive, distinct topography of womanhood and lay the groundwork for a feminist tradition of recognizing the body as an explicit part of experience. Tracing the origins of today's critical perspectives, my study draws on the insights of recent …

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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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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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