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2004

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The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky Jan 2004

The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky

Michigan Journal of International Law

This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …


The Legal Foundation–Defining The Legislative Format, William W. Huss, Sharon Press, J. Michael Mcwilliams Jan 2004

The Legal Foundation–Defining The Legislative Format, William W. Huss, Sharon Press, J. Michael Mcwilliams

Faculty Scholarship

Current and pending mediation legislative programs in the United States, Canada, and other countries were examined by speakers and panelists who are living under these new systems or were authors of their design. Topics included court annexed programs, mandatory programs, voluntary programs, private institutional programs, the Uniform Mediation Act, state and federal initiatives, and the impact each has, or will have, on the mediation practice.


Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus Jan 2004

Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus

Michigan Journal of International Law

It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …


Does The Thirteenth Amendment Privide A Jurisdictional Basis For A Federal Ban On Cloning;Note, Sean Charles Vinck Jan 2004

Does The Thirteenth Amendment Privide A Jurisdictional Basis For A Federal Ban On Cloning;Note, Sean Charles Vinck

Journal of Legislation

No abstract provided.


Chemical Defenses In Garlic Mustard (Alliaria Petiolata) And Their Potential Role In Species Interactions In Forest Understories, Don Cipollini Jan 2004

Chemical Defenses In Garlic Mustard (Alliaria Petiolata) And Their Potential Role In Species Interactions In Forest Understories, Don Cipollini

Biological Sciences Faculty Publications

Garlic mustard [Alliaria petiolata [(M. Bieb) Cavara & Grande; Brassicaceae] is a European native biennial herb, first recorded on Long Island, NY in the 1860s, and is expanding rapidly in northeastern and midwestern forests in the U.S. and in southern Canada. Garlic mustard flourishes in moist woodlands with moderate exposure to light, but it can grow in a diversity of other habitats. It is found in natural areas, woodlots, and along edges of agricultural fields and lawns throughout North America. Several life history traits likely contribute to the invasiveness of this species. It has a high inbreeding rate and can …


Image Into Word: Glimpses Of Mental Images In Writers Writing, Hildy Miller Jan 2004

Image Into Word: Glimpses Of Mental Images In Writers Writing, Hildy Miller

The Journal of the Assembly for Expanded Perspectives on Learning

This essay uses thought samples and interviews to show ways writers use mental imagery in non-creative writing task.


It 605 Internet And The Web In Ministry, Jeff Groeling Jan 2004

It 605 Internet And The Web In Ministry, Jeff Groeling

Syllabi

Lochhead, David, Shifting Realities: Information Technology and the Church. WCC Publications, 1999 The Lochhead text can be picked up or ordered through the ATS Bookstore (859)858- 2293. ** Related required readings will be provided online within the context of the course. Please see the bottom of this document for online readings.


What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang Jan 2004

What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang

UIC Review of Intellectual Property Law

Startling numbers of people die every day because they do not have access to essential medicines and treatment for diseases such as HIV/AIDS, particularly in Africa and Asia. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) to set a minimum level of protection of intellectual property rights across international borders, as well as promote and protect the welfare of humanity. This Comment reviews the history of the TRIPS Agreement, including the most recent adoption of the WTO relating to the issuance of compulsory licenses. Specifically, this Comment suggests that the …


Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson Jan 2004

Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson

UIC Review of Intellectual Property Law

Today’s law of idea submissions is a proverbial bramble bush for a variety of reasons. Both the legal theories of recovery and the viability of such claims differ widely from state to state. In addition, notwithstanding the vast body of idea-submission law, there are still many open issues. These complex, fact-specific cases still manage to ensnare plaintiffs and defendants alike in years of litigation. As such, finding one’s way through the bramble bush to defend against idea submission claims is a daunting task. This article provides a map designed to help the litigator navigate the thicket. Following the trail is …


The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov Jan 2004

The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov

UIC Review of Intellectual Property Law

It is often unclear when a prior occurrence or disclosure of a claimed invention falls under the patent law doctrines of inherent or accidental anticipation. Courts have applied various tests in determining whether anticipation is inherent or accidental, and the cases are difficult to reconcile. Tests seemingly dispositive to establish an accident in one case may also appear dispositive to establish inherency. As a result of our analysis, we have developed a two-step test that can be used to reconcile the two doctrines and determine whether a product or process anticipates. The first prong is concerned with whether the prior …


Using Children's Literature With Young Learners, Eowyn Ferey Jan 2004

Using Children's Literature With Young Learners, Eowyn Ferey

Intensive English Language Program Faculty Publications and Presentations

The biggest practical challenges in using English language children's literature rather than readers created specifically for EFL/ESL students are:

  • choosing an appropriate book
  • preparing to teach, from writing lesson plans to developing supporting teaching materials
  • brainstorming creative teaching ideas

This paper will serve as a guide for those who would like to use literature in the classroom with their young students, but aren't sure how to begin.


Common Ground : Looking At The Culture Of Oxford High School Athletics, Christopher Jay Hedglin Jan 2004

Common Ground : Looking At The Culture Of Oxford High School Athletics, Christopher Jay Hedglin

Electronic Theses and Dissertations

No abstract provided.


Science, Politics, And U.S. Forest Service Law: The Battle Over The Forest Service Planning Rule, George Hoberg Jan 2004

Science, Politics, And U.S. Forest Service Law: The Battle Over The Forest Service Planning Rule, George Hoberg

Natural Resources Journal

No abstract provided.


So Much Conflict, Yet So Much In Common: Considering The Similarities Between Western Water Law And The Endangered Species Act, Reed D. Benson Jan 2004

So Much Conflict, Yet So Much In Common: Considering The Similarities Between Western Water Law And The Endangered Species Act, Reed D. Benson

Natural Resources Journal

No abstract provided.


Towards Common Sense In Esa Enforcement: Federal Courts And The Limits On Administrative Authority And Discretion Under The Endangered Species Act, Gregory T. Broderick Jan 2004

Towards Common Sense In Esa Enforcement: Federal Courts And The Limits On Administrative Authority And Discretion Under The Endangered Species Act, Gregory T. Broderick

Natural Resources Journal

No abstract provided.


The New Economy Of Nature: The Quest To Make Conservation Profitable, By Gretchen C. Daily & Katherine Ellison, Patrick Wilson Jan 2004

The New Economy Of Nature: The Quest To Make Conservation Profitable, By Gretchen C. Daily & Katherine Ellison, Patrick Wilson

Natural Resources Journal

No abstract provided.


A Case Study In Multinational Corporate Accountability: Ecuador's Indigenous Peoples Struggle For Redress, Maxi Lyons Jan 2004

A Case Study In Multinational Corporate Accountability: Ecuador's Indigenous Peoples Struggle For Redress, Maxi Lyons

Denver Journal of International Law & Policy

No abstract provided.


"…Und Die Tiere" Constitutional Protection For Germany's Animals, Kate M. Nattrass Jan 2004

"…Und Die Tiere" Constitutional Protection For Germany's Animals, Kate M. Nattrass

Animal Law Review

In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union, and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals.


Troubled Waters Under The Bridge: Red Tide, Aquatic Pollution, And The Prince Edward Island Shellfish Poisoning Of 1987, Jacquelyn A. Shaw Jan 2004

Troubled Waters Under The Bridge: Red Tide, Aquatic Pollution, And The Prince Edward Island Shellfish Poisoning Of 1987, Jacquelyn A. Shaw

Dalhousie Journal of Legal Studies

Toxic red tides, such as the one that poisoned PEI in 1987, are a coastal aquatic phenomenon that cause harm to wildlife and humans alike, seemingly with increasing frequency. They appear tied to nutrient pollution of aquatic habitats, especially by the food-producing industries, such as aquaculture and industrial farming. Canada has made (non-binding) global commitments to protect marine waters from such land-based pollution, resulting in its ‘National Program of Action’. To date, however, Canada’s attempts to meet this goal have been hampered by the federal division of powers, and by an overall fragmented legal protection for the aquatic environment. Respecting …


The Day May Come: Legal Rights For Animals, Tom Regan Jan 2004

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.


Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden Jan 2004

Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden

Law Faculty Articles and Essays

This Article highlights a harmful and far-reaching unintended consequence of two major pieces of securities litigation reform legislation that were passed as part of the Republican party's Contract with America in the mid-1990s. These reforms were justified, in part, on the grounds that they would benefit investors by improving disclosure of financial information by corporations. However, for many aggrieved investors, the effect of the legislation was just the opposite. Because of inadequate and misleading disclosures made by life insurance companies and their registered representatives, consumers were induced to purchase inappropriate investments carrying excessive fees that reduced the value of their …


The Journal Of Undergraduate Research: Volume 02 Jan 2004

The Journal Of Undergraduate Research: Volume 02

The Journal of Undergraduate Research

This is the complete issue of the South Dakota State University Journal of Undergraduate Research, Volume 2.


Program Contents Influence On Effectiveness Of Advertising, Sonja Bliss, Doug Boe Jan 2004

Program Contents Influence On Effectiveness Of Advertising, Sonja Bliss, Doug Boe

The Journal of Undergraduate Research

The hypothesis for this study was that program content would have an effect on a person's ability to recall commercials contained in that program. One hundred and seventy-six college students viewed one of three types of programs: a neutral program, a sexually explicit program, or a program that contained vulgarity. All three programs contained the same commercials. Free recall of commercials and cued recall of commercials was assessed. Program content was shown to have a significant effect on the number of commercials freely recalled and the total number of commercials recalled, thus supporting the hypothesis. Today, advertising is a huge …


West Nile Virus; History Of The Virus And Implications Of Public Health For South Dakota In 2004, Candice Nebelsick Jan 2004

West Nile Virus; History Of The Virus And Implications Of Public Health For South Dakota In 2004, Candice Nebelsick

The Journal of Undergraduate Research

West Nile Virus is currently affecting human and animal life in North America. This Virus has been a popular topic among researchers, health professionals, and state health departments because of its rapid emergence as a threat to human and animal populations. In this article, I will be discussing the symptomology associated with West Nile Virus and the disease's pattern of transmission. Furthermore, I will describe procedures for diagnosing and treating West Nile Virus and minimizing its future spread into human populations. I will conclude this article by predicting how the West Nile Virus will impact South Dakotans in 2004.


Olfactory Recognition In Couples, Kristin R. Demars, Joshua M. Seezs Jan 2004

Olfactory Recognition In Couples, Kristin R. Demars, Joshua M. Seezs

The Journal of Undergraduate Research

The present study is an attempt to examine if couples can recognize the body odor of their significant other in a t-shirt worn for two days. Nine couples were in the experimental group (couples who had been dating at least six months), while the control group consisted of eight women and seven men (strangers to each other at the beginning of the study). The hypothesis that previous experience improves correct olfactory identification was not supported. When compared to women in the control group, men in the control group were better at recognizing their own shirt. When compared to men in …


Town Of New Castle, Nh Annual Report For The Year 2004., New Castle Town Representatives Jan 2004

Town Of New Castle, Nh Annual Report For The Year 2004., New Castle Town Representatives

New Castle, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


The Property Clause: As If Biodiversity Mattered, Dale D. Goble Jan 2004

The Property Clause: As If Biodiversity Mattered, Dale D. Goble

University of Colorado Law Review

No abstract provided.


Cardio-Respiratory Influence On Dynamic Cerebral Autoregulation During Head Up Tilt Mediated Presyncope, Shantha Arcot Krishnamurthy Jan 2004

Cardio-Respiratory Influence On Dynamic Cerebral Autoregulation During Head Up Tilt Mediated Presyncope, Shantha Arcot Krishnamurthy

University of Kentucky Master's Theses

Altered cerebral hemodynamics contributes to mechanisms of unexplained syncope. Wecompared dynamic interaction between respiration and cerebral autoregulation in two groups ofsubjects from 28 healthy adults. Based on development of tilt-induced presyncope, subjects wereclassified as Non-Presyncopals (n=23) and Presyncopals (n=5). Airflow, CO2, Doppler cerebralblood flow velocity (CBF), ECG and blood pressure (BP) were recorded. To determine whetherinfluences of mean BP (MBP) and systolic BP (SBP) on CBF were altered in Presyncopals, thecoherencies and transfer functions between these variables and mean and peak CBF (CBFm andCBFp) were estimated. To determine influence of end-tidal CO2 (ETCO2) on CBF, relative CO2reactivity was calculated. The …


Annual Report Of The Town Of Hudson, New Hampshire, For The Year Ending June 30, 2004., Hudson Town Representatives Jan 2004

Annual Report Of The Town Of Hudson, New Hampshire, For The Year Ending June 30, 2004., Hudson Town Representatives

Hudson, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Town Of Salisbury 2003 Annual Report., Salisbury Town Representatives Jan 2004

Town Of Salisbury 2003 Annual Report., Salisbury Town Representatives

Salisbury, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.