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2003

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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.

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A Tribute To Gene W. Matthews, Lawrence O. Gostin Jan 2003

A Tribute To Gene W. Matthews, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Conference Center, across the street from the Centers for Disease Control and Prevention (CDC) on Clifton Road in Atlanta, I sat on a leather sofa with one of my oldest, dearest friends-Gene Matthews, Legal Adviser to the CDC. Gene asked to meet me to talk about how we might invigorate the field of public health law. Matthews and his colleagues at CDC were hatching an idea to commence a grass-roots movement in public health law.

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Can Federal Agencies Authorize Private Suits Under Section 1983 - A Theoretical Approach, Brian Galle Jan 2003

Can Federal Agencies Authorize Private Suits Under Section 1983 - A Theoretical Approach, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article offers a few thoughts on the theory of regulatory enforcement under § 1983. Section 1983, I argue, itself authorizes federal agencies to make their regulations privately enforceable. In recent years, the Supreme Court has announced that federal norms are unenforceable in the absence of clear statutory authorization - a "clear statement rule" for private rights of action. Drawing on key tenets of modern statutory interpretation, I claim that the plain text of § 1983 allows many federal regulations to meet this test. Because § 1983 has an important function in coordinating state regulatory efforts with federal law, a …

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American Servicemembers' Protection Act Of 2002, Lilian V. Faulhaber Jan 2003

American Servicemembers' Protection Act Of 2002, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

On July 1, 2002, the Rome Statute of the International Criminal Court ("ICC") entered into force, establishing the first permanent international criminal tribunal. Although seventy-six countries had ratified the Rome Statute by that date, the United States was not among them. Instead, Congress responded to the creation of the ICC by passing a bill sponsored by House Majority Whip Tom DeLay (R-Tex.) that Republican legislators had been trying to get through the House and Senate for several years. On August 2, 2002, the American Servicemembers' Protection Act of 2002 ("ASPA") became law. The Act was designed to prevent United States …

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Asphalt Additives To Control Rutting And Cracking, Rebecca Mcdaniel, Ayesha Shah Jan 2003

Asphalt Additives To Control Rutting And Cracking, Rebecca Mcdaniel, Ayesha Shah

JTRP Technical Reports

This report presents the results of an investigation of the performance of a variety of materials added to asphalt binders and mixtures to change their properties, particularly with respect to rutting and cracking. The approach included a field trial of seven polymer and particulate modifiers, supplemented by laboratory characterization of the materials used in the field. The modifiers evaluated included PAC, Novophalt, Multigrade asphalt cement, polyester fibers, Neoprene, SBR and asphalt rubber. The field trial showed that different modifiers do yield different performance. Modifiers are not essential to ensure that the pavement will not rut. None of the mixtures evaluated …

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Beta Testing Implementation Of The Purdue Time Domain Reflectometry (Tdr) Method For Soil Water Content And Density Measurement, Vincent P. Drnevich, Xiong Yu, Janet Elaine Lovell Jan 2003

Beta Testing Implementation Of The Purdue Time Domain Reflectometry (Tdr) Method For Soil Water Content And Density Measurement, Vincent P. Drnevich, Xiong Yu, Janet Elaine Lovell

JTRP Technical Reports

The Purdue TDR method is a new technology for simultaneously measuring soil water content and dry density insitu. An ASTM standard for using TDR to measure soil water content and dry density based on Purdue TDR method was approved during the time span of this project and is designated ASTM D6780. The primary objective of this study was to take the Purdue TDR Method to the point where it is widely field tested by users on a broad spectrum of soils around the country. This goal was achieved by involving researchers at other universities and practitioners in federal and state …

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Debris Accumulation At Bridge Crossings: Laboratory And Field Studies, Dennis A. Lyn, Thomas J. Cooper, Yong-Kon Yi, Rahul N. Sinha, A. Ramachandra Rao Jan 2003

Debris Accumulation At Bridge Crossings: Laboratory And Field Studies, Dennis A. Lyn, Thomas J. Cooper, Yong-Kon Yi, Rahul N. Sinha, A. Ramachandra Rao

JTRP Technical Reports

Extensive accumulation of large woody debris at bridge piers poses a chronic and sometimes quite severe problem at several bridge crossings in Indiana. This study, involving both laboratory and field components, examines the factors contributing to the initiation and development of such debris piles. The laboratory study, performed in a rectangular channel with a single model pier (and in some cases with an upstream vertical cylinder modeling a debris deflector, as well as a model sand bar) and both dowels and twigs as model logs, considered the effects of velocity and depth. The experiments point to a stronger than might …

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Development Of Vehicle Platoon Distribution Models And Simulation Of Platoon Movements On Indiana Rural Corridors, Yi Jiang, Shou Li, Daniel E. Shamo Jan 2003

Development Of Vehicle Platoon Distribution Models And Simulation Of Platoon Movements On Indiana Rural Corridors, Yi Jiang, Shou Li, Daniel E. Shamo

JTRP Technical Reports

Since the 1980s, traffic volumes have experienced a rapid growth of approximately 30% in Indiana. Traffic data indicates that more than 70% of vehicles travel in platoons on Indiana highway corridors in the vicinity of urban areas. At a rural highway intersection consisting of a major road with high traffic volume and a minor road with low traffic volume, it is very common that the green time cannot be used efficiently, especially when the vehicle detectors on the major road are imbedded close to the intersection. In Indiana, most of the traffic signal timing systems operate well. However, these systems …

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Dynamic Cone Penetration Test (Dcpt) For Subgrade Assessment, Rodrigo Salgado, Sungmin Yoon Jan 2003

Dynamic Cone Penetration Test (Dcpt) For Subgrade Assessment, Rodrigo Salgado, Sungmin Yoon

JTRP Technical Reports

In-situ penetration tests have been widely used in geotechnical and foundation engineering for site investigation in support of analysis and design. The standard penetration test (SPT) and the cone penetration test (CPT) are two typical in-situ penetration tests. The dynamic cone penetration test shows features of both the CPT and the SPT. The DCPT is performed by dropping a hammer from a certain fall height and measuring penetration depth per blow for each tested depth. The DCPT is a quick test to set up, run, and evaluate on site. Due to its economy and simplicity, better understanding of DCPT results …

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Evaluation Of Safety Enforcement On Changing Driver Behavior - Runs On Red (1 Of 2 Volumes), Andrzej P. Tarko, Naredla Lakshmi Reddy Jan 2003

Evaluation Of Safety Enforcement On Changing Driver Behavior - Runs On Red (1 Of 2 Volumes), Andrzej P. Tarko, Naredla Lakshmi Reddy

JTRP Technical Reports

Red light running (RLR) is a dangerous act. Approximately 22% of urban crashes at signalized intersections are caused nationwide by RLR. Nearly 1,036 deaths were caused nationwide by RLR in the year 2000. Indiana had no previous research conducted in this area; therefore, this research was aimed at estimating the RLR problem in Indiana. The other objectives of this research included: learning drivers’ opinions on the problem, studying the effectiveness of selected countermeasures, and studying the legal issues related to photo-enforcement. A crash statistics study, telephone survey, and extended monitoring of a selected intersection were the three major approaches chosen …

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Evaluation Of Safety Enforcement On Changing Driver Behavior - Runs On Red (2 Of 2 Volumes), Robert C. Zahnke, Maria L. Drake, Jose E. Thomaz Jan 2003

Evaluation Of Safety Enforcement On Changing Driver Behavior - Runs On Red (2 Of 2 Volumes), Robert C. Zahnke, Maria L. Drake, Jose E. Thomaz

JTRP Technical Reports

Red light running (RLR) is a dangerous act. Approximately 22% of urban crashes at signalized intersections are caused nationwide by RLR. Nearly 1,036 deaths were caused nationwide by RLR in the year 2000. Indiana had no previous research conducted in this area; therefore, this research was aimed at estimating the RLR problem in Indiana. The other objectives of this research included: learning drivers’ opinions on the problem, studying the effectiveness of selected countermeasures, and studying the legal issues related to photo-enforcement. A crash statistics study, telephone survey, and extended monitoring of a selected intersection were the three major approaches chosen …

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Imaging And Locating Buried Utilities, Hyung Seok Jeong, Carlos A. Arboleda, Dulcy M. Abraham, Daniel W. Halpin, Leonhard E. Bernold Jan 2003

Imaging And Locating Buried Utilities, Hyung Seok Jeong, Carlos A. Arboleda, Dulcy M. Abraham, Daniel W. Halpin, Leonhard E. Bernold

JTRP Technical Reports

The urban underground has become a spider’s web of utility lines, including phones, electricity, gas, cable TV, fiber optics, traffic signals, street lighting circuits, drainage and sanitary sewers and water mains. Utility damages during construction are very significant and on the rise, resulting in construction delays, design changes, claims, property damages, service breakdowns, disruption of neighboring businesses and even injuries and lost lives. The American Institute of Constructors (AIC) reported that damage to utility lines is the third most significant crisis for contractors. The state-of-the-art and the state-of-the-practice imaging technologies that have potential for being applied in locating underground utilities …

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Initial Study For Cost-Effectiveness Of Joint/Crack Sealing, Chuanxin Fang, Khaled A. Galal, David R. Ward, John E. Haddock Jan 2003

Initial Study For Cost-Effectiveness Of Joint/Crack Sealing, Chuanxin Fang, Khaled A. Galal, David R. Ward, John E. Haddock

JTRP Technical Reports

The sealing and resealing of joints and cracks in PCC, HMA, and composite pavements is assumed to be an important component of pavement maintenance. Recently this practice has been challenged by research indicating that sealing may not be cost-effective. The Indiana Department of Transportation currently spends approximately four million dollars annually to perform joint/crack sealing. The primary objective of the research presented in this report is to investigate the costeffectiveness of joint/crack sealing in relation to pavement performance. The results of a mail survey showed that most states, including Indiana, do not have quantitative justification for sealing policies, nor do …

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Indot Highway Needs Analysis - Impacts Of Physical Features (Horizontal And Vertical Curvature), Sanjeev Kanekal, Jon D. Fricker Jan 2003

Indot Highway Needs Analysis - Impacts Of Physical Features (Horizontal And Vertical Curvature), Sanjeev Kanekal, Jon D. Fricker

JTRP Technical Reports

The INDOT Long-Range Planning Section has developed a set of planning tools that will support the system-level analysis of the state transportation system. These tools are employed to monitor transportation system performance, identify highway needs, and provide a quantitative analysis of the impacts of transportation improvement projects. One such tool is HERS/IN (Indiana Highway Economic Requirements System). The HERS/IN model identifies deficiencies in pavement, capacity, and alignment by referring to the Highway Performance Monitoring System (HPMS) data of the roadway sections. The HERS model uses a method to accommodate the curve and grade data and, based on these data, it …

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National Pooled Fund Study No.176, Validation Of Shrp Asphalt Mixture Specifications Using Accelerated Testing, James Lincoln Stiady, Adam J. Hand, Samy Noureldin, Jianfeng Hua, Thomas D. White, Khaled A. Galal Jan 2003

National Pooled Fund Study No.176, Validation Of Shrp Asphalt Mixture Specifications Using Accelerated Testing, James Lincoln Stiady, Adam J. Hand, Samy Noureldin, Jianfeng Hua, Thomas D. White, Khaled A. Galal

JTRP Technical Reports

No abstract provided.

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Two Cheers For Gentrification, J. Peter Byrne Jan 2003

Two Cheers For Gentrification, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The very word "gentrification" implies distaste. Advocates for the poor and ethnic minorities see affluent whites bidding up the prices for urban housing to levels that force poor families out, depriving them of affordable housing, perhaps rendering them homeless, and changing the character of a neighborhood from one that reflects distinct ethnic and class needs and cultural traditions into a bland emporium for expensive consumer goods. Sometimes historic preservation laws are indicted as particular culprits in setting this dynamic in motion. A result of these perceptions is that the legal literature on gentrification, in general, and historic preservation both reflect …

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Re-Imagining Justice: Progressive Interpretations Of Formal Equality, Rights, And The Rule Of Law, Robin West Jan 2003

Re-Imagining Justice: Progressive Interpretations Of Formal Equality, Rights, And The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of cooperative community life, the book presents a vision of law that facilitates rather than frustrates politics, an analysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision …

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Reconceptualizing Criminal Law Defenses, Victoria Nourse Jan 2003

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …

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Edison Community College General Catalog 2002-2003, Edison Community College Jan 2003

Edison Community College General Catalog 2002-2003, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Forty One. 2002-2003. Scanned by Internet Archive.

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That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow Jan 2003

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the United States, Russia, and by extension, the world as a whole, are pursuing a fundamentally sound strategy in retaining, rather than destroying, the last known remaining samples of the variola virus. For now, those samples are housed in secure, deep-freeze storage at the U.S. Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia and at the comparable Russian facility, known as Vector, near Novosibirsk, Siberia. But that basic decision is about the only correct move we are making at this time - and even it is animated by fundamental misapprehensions about …

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The Promise And Precondition Of Educational Autonomy, Neal K. Katyal Jan 2003

The Promise And Precondition Of Educational Autonomy, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Part One of this Essay defends the Court's [Grutter] analysis. The thesis here is a simple one: Universities should have a zone of freedom in which to conduct their academic affairs because they are better at making choices about educational matters than are generalist courts. This is the position I took, both in the Sixth Circuit and in the Supreme Court, as the chief counsel to the amicus deans of many of the nation's leading private law schools in Grutter. Academic freedom has become something of a pariah concept; indeed, our amicus brief contained the only substantial discussion, let alone …

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Bishops’ Norms: Commentary And Evaluation, Ladislas M. Örsy Jan 2003

Bishops’ Norms: Commentary And Evaluation, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

In November 2002, the U.S. Conference of Catholic Bishops approved the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priest or Deacons ("Norms") in response to allegations of sexual abuse of minors by Roman Catholic Church ("Church") officials. This Article examines the Norms on the basis of canonical traditions and the concepts, propositions, and positions contained with them. It strives to find the meaning of the individual norms within the broader context of the life and beliefs of the Church and its need to have structures that prevent corruption and promote healthy growth. The …

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Proposed Legislation On Judicial Election Campaign Finance, Roy A. Schotland Jan 2003

Proposed Legislation On Judicial Election Campaign Finance, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

In light of the recent extraordinary rise in judicial campaign spending, illustrated in Ohio's 2000 judicial elections (and elsewhere, and in Ohio again in 2002), we must consider improving the Model Code of Judicial Conduct. The 1999 amendments to the Code addressed campaign finance, but did not address two major problems. The first one is the absence of limits on aggregate contributions from law firms; only Texas has such limits. This gap allows large contributions from law firms to go to judges presiding in cases in which those firms participate, circumventing the recusal and disqualification triggers. The second problem is …

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"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 …

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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 …

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Reconsidering Legalism, Robin West Jan 2003

Reconsidering Legalism, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of …

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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 …

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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 …

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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 …

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Structural Diversity In Organically Templated Uranium Sulfates, Alexander J. Norquist, Michael B. Doran, Paul M. Thomas, Dermot O'Hare Jan 2003

Structural Diversity In Organically Templated Uranium Sulfates, Alexander J. Norquist, Michael B. Doran, Paul M. Thomas, Dermot O'Hare

Chemistry Faculty Scholarship

No abstract provided.

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