Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 17731 - 17760 of 20441

Full-Text Articles in Entire DC Network

The Changing Face Of Judicial Elections, Gerald Stern Jan 2004

The Changing Face Of Judicial Elections, Gerald Stern

Hofstra Law Review

No abstract provided.


The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin Jan 2004

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …


The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy Jan 2004

The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy

Hofstra Law Review

No abstract provided.


Judicial Error That Is Subject To Discipline In New York, Gerald Stern Jan 2004

Judicial Error That Is Subject To Discipline In New York, Gerald Stern

Hofstra Law Review

No abstract provided.


The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley Jan 2004

The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley

Hofstra Law Review

No abstract provided.


The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz Jan 2004

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

Hofstra Law Review

Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …


The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry Jan 2004

The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry

Hofstra Law Review

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.

Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …


To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix Jan 2004

To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix

Hofstra Law Review

The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …


Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes Jan 2004

Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes

Hofstra Law Review

No abstract provided.


Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald Jan 2004

Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald

Hofstra Law Review

No abstract provided.


Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller Jan 2004

Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller

United States Department of Agriculture Wildlife Services: Staff Publications

The deleterious effects of white-tailed deer (Odocoileus virginianus) on forest regeneration are well documented in many forested systems, but potential solutions to these problems on remote landholdings are limited in number and scope. Localized management proposes that a persistent area (<2 km2) of low density can be created by removing all individuals within matriarchal social groups of white-tailed deer. Our objective was to assess the feasibility of using localized management as a tool within forest regeneration areas. We present a comparison of seasonal home-range and core-area size and site fidelity of 148 radiomonitored female white-tailed deer in a forested landscape of the central Appalachians of West Virginia. We also characterized seasonal movements and dispersal. Adult female winter home-range size exceeded those of summer and autumn. Female deer displayed high fidelity, with home-range and core-area overlap being less in autumn than in summer or winter. Dispersal occurred in 1 of 28 (3.6%) female fawns and no deer >1 year old dispersed. Female white-tailed deer on our study site meet the a priori assumptions of localized management. We assert that experimental manipulations based on localized management concepts are prudent.


Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken Jan 2004

Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The University of Maryland School of Law is celebrating thirty years of providing exceptional clinical education. Such occasions offer unique opportunities to reflect. In thirty years there has been a lot of growth and a lot of change. Some say that the change has detoured us from the ultimate goal of client service and access to justice. I say that the thirty years have changed us for the better. One thing that hasn't changed is that clinicians still have an abiding interest in dealing with social injustices and in playing a proactive role in ensuring a just society. Thirty years …


Is Organizational Democracy Worth The Effort?, Jeffrey S. Harrison, R. Edward Freeman Jan 2004

Is Organizational Democracy Worth The Effort?, Jeffrey S. Harrison, R. Edward Freeman

Management Faculty Publications

Organizational democracy is frequently associated with increased employee involvement and satisfaction, higher levels of innovation, increased stakeholder commitment, and, ultimately, enhanced organizational performance. However, democratic processes can also absorb significant time and other organizational resources and bog down decisions, which may lead to reduced efficiency. This article summarizes the pros and cons of organizational democracy. It also introduces and integrates ideas from the three other articles in this special forum. In the end, we conclude that although the economic arguments for organizational democracy may be mixed, increased stakeholder participation in value creation and organizational governance can benefit both society and …


Fables, Ruins, And The “Bell’Imperfetto” In The Art Of Dosso Dossi, Giancarlo Fiorenza Jan 2004

Fables, Ruins, And The “Bell’Imperfetto” In The Art Of Dosso Dossi, Giancarlo Fiorenza

Art and Design

No abstract provided.


An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes Jan 2004

An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes

Evaluation/Reflection

Service learning is a pedagogy providing a structured environment for students to link service with course learning objectives. Key to the service learning experience is critical reflection. This gives students the opportunity to examine their coursework in the context of the service they provide to their community and, in a broader sense, the impact they can have on the world. Research has shown that students participating in service learning have a higher comprehension of the course material and also develop an awareness of their local community and the issues it faces. In engineering, there are many examples of service-learning programs …


The European Convention On Human Rights And Counter-Terrorism, John Hedigan Jan 2004

The European Convention On Human Rights And Counter-Terrorism, John Hedigan

Fordham International Law Journal

No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. Its interpretation by the Court in the light of counter-terrorist measures by concerned governments may therefore have some relevance in the United States.


Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer Jan 2004

Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer

Fordham International Law Journal

The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …


Vincentiana Vol. 48, No. 1 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 1 [Full Issue]

Vincentiana

No abstract provided.


Guillaume Pouget And The Theological Renewal At The Turn Of The 20th Century, Erminio Antonello C.M. Jan 2004

Guillaume Pouget And The Theological Renewal At The Turn Of The 20th Century, Erminio Antonello C.M.

Vincentiana

No abstract provided.


Religious And Laity: A Common Mission In The Church And In Society, Benjamín Romo C.M. Jan 2004

Religious And Laity: A Common Mission In The Church And In Society, Benjamín Romo C.M.

Vincentiana

No abstract provided.


Religieux Et Laı¨Cs, Une Mission Commune Dans L’E´ Glise Et Dans La Socie´Te´, Benjamín Romo C.M. Jan 2004

Religieux Et Laı¨Cs, Une Mission Commune Dans L’E´ Glise Et Dans La Socie´Te´, Benjamín Romo C.M.

Vincentiana

No abstract provided.


Vincentiana Vol. 48, No. 2 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 2 [Full Issue]

Vincentiana

No abstract provided.


Vincentiana Vol. 48, No. 3 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 3 [Full Issue]

Vincentiana

No abstract provided.


Vincentiana Vol. 48, No. 6 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 6 [Full Issue]

Vincentiana

No abstract provided.


Organizational Barriers To Inclusion: Perspectives From The Recreation Professional, Dan K. Hibbler Ph.D. Jan 2004

Organizational Barriers To Inclusion: Perspectives From The Recreation Professional, Dan K. Hibbler Ph.D.

School of Continuing and Professional Studies Faculty and Staff Works

Recreation professionals continually strive to serve a host of diverse program constituents, while leisure researchers attempt to uncover barriers to leisure participation. Much of the barriers or constraints research has come from the perspective of program participants. This study identified, from the perspectives and experiences of 18 recreation professionals, the issues and barriers that they perceive inhibit recreation program access and availability to diverse constituents, particularly ethnic minority populations. Co-cultural theory, which integrates the concepts of muted group theory and standpoint theory, was utilized as the study’s theoretical framework. In-depth interviews were utilized. Five primary barriers were identified that related …


Magic Hour's Niche In The Marketplace: The Process Of Launching A Photography Magazine, Summer Anne Hill Jan 2004

Magic Hour's Niche In The Marketplace: The Process Of Launching A Photography Magazine, Summer Anne Hill

Honors Theses

This thesis is the result of research completed in the Journalism 401 and Journalism 501 courses. In Journalism 401 I came up with my own magazine concept, researched its potential in the marketplace, and formulated a business plan. This plan includes information about my magazine concept, its potential competition, a wish list of advertisers, and a circulation plan. In 501,1 spent months designing a 68-page prototype of Magic Hour, my photography magazine. I created a logo, a cover page, a table of contents, ten departments, two columns, and four feature stories for the magazine. The goal of this project was …


Institutionalized Hypocrisy: Divorce And Politics In Chile, 1884-2004, Amanda Faye Mitchell Jan 2004

Institutionalized Hypocrisy: Divorce And Politics In Chile, 1884-2004, Amanda Faye Mitchell

Honors Theses

Chile is a country of many contradictions, and these contradictions lead to a great chasm between the needs of the people and the way in which the government tries to provide for those needs. Many of the policies and laws are in line with the doctrines of the Catholic Church, and these policies play an interesting role in the social landscape of the country. They create an environment in which the general population does not live in a manner that corresponds to the way that the Church claims they do. Therefore, the law based on Catholic doctrine often creates a …


Feeding Behaviour And Niche Overlap Of Two Species Of Wolf Spiders, Winter Lee Williams Jan 2004

Feeding Behaviour And Niche Overlap Of Two Species Of Wolf Spiders, Winter Lee Williams

Honors Theses

The diets of two species of spiders in the genus Rabidosa, Rabidosa punctulata and R. rabida, were intensively studied. These two species generally inhabit the same fields, but display very different life histories. This study has three major objectives. (1) Quantitatively address the commonly held belief that these spiders are opportunistic predators (Le., predators that take prey in the abundances in which they occur in the environment). (2) Measure the degree of niche overlap in diet for the two species (as a measure of the potential for competition). (3) Speculate on whether the overlap in diet or other factors may …


The Emergence Of A Middle Class Among Turks In Germany: A Move Toward Cultural Pluralism, Eden Blythe Hegwood Jan 2004

The Emergence Of A Middle Class Among Turks In Germany: A Move Toward Cultural Pluralism, Eden Blythe Hegwood

Honors Theses

This thesis examines the recent development of a middle class among the current Turkish community in Gemiany. By following the generations of individuals of Turkish descent from the original guest-workers arriving in Germany in the early 1960s on to the third and fourth generations of German Turks, the process of middle class establishment over time becomes apparent. Paralleling the emergence of Turkish middle class, increased acculturation or cultural assimilation has occurred, which is also described herein in terms of generational accomplishment. Finally, this work seeks to determine the relationship between middle class status and integration among this migrant group in …


Neighborhood Characteristics And Crime: A Test Of Sampson And Groves' Model Of Social Disorganization, Ivan Y. Sun, Ruth A. Triplett, Randy R. Gainey Jan 2004

Neighborhood Characteristics And Crime: A Test Of Sampson And Groves' Model Of Social Disorganization, Ivan Y. Sun, Ruth A. Triplett, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

In 1989 Sampson and Groves proposed a model of social disorganization. In this model, neighborhoods with low socioeconomic status, high residential mobility, racial heterogeneity, and family disruption were predicted to have sparse local friendship networks', low organizational participation, and unsupervised youth groups. These, in turn, were predicted to increase neighborhood crime rates. Although Sampson and Groves' work represents the most complete model of social disorganization to date, it has only been tested twice and then on the same data set. Using data from 36 neighborhoods from 7 U.S. cities, this study examines extensions of Sampson and Groves' model suggested by …