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2004

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A Conversation With R. Clifford Blair On The Occasion Of His Retirement, Shlomo S. Sawilowsky Nov 2004

A Conversation With R. Clifford Blair On The Occasion Of His Retirement, Shlomo S. Sawilowsky

Journal of Modern Applied Statistical Methods

An interview was conducted on 23 November 2003 with R. Clifford Blair on the occasion on his retirement from the University of South Florida. This article is based on that interview. Biographical sketches and images of members of his academic genealogy are provided.

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Reforming Reprehensibility: The Continued Viability Of Multiple Punitive Damages After State Farm V. Campbell, Rachel M. Janutis Nov 2004

Reforming Reprehensibility: The Continued Viability Of Multiple Punitive Damages After State Farm V. Campbell, Rachel M. Janutis

San Diego Law Review

In this Article, the author discusses how the Supreme Court's recent decision in State Farm v. Campbell reformed the reprehensibility analysis and how this reformation may have the perhaps unintended consequence of eliminating the practice of awarding total harm damages. In particular, in an effort to limit the size of individual punitive damage awards, Campbell limits the use of evidence of conduct directed at parties not before the court.

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The Opinion Volume 43 Issue 2 – November 1, 2004, The Opinion Nov 2004

The Opinion Volume 43 Issue 2 – November 1, 2004, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November, 1, 2004

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Dueling Jackpots: Are Competing Lotto Games Complements Or Substitutes?, Victor Matheson, Kent Grote Nov 2004

Dueling Jackpots: Are Competing Lotto Games Complements Or Substitutes?, Victor Matheson, Kent Grote

Economics Department Working Papers

This paper considers the relationship that exists between two lottery products offered simultaneously in the same state, a smaller lottery game run by the individual state and a larger multi-state game run in coordination with other states. The primary issue is whether the two different products should be considered substitutes or complements for one another. The question is considered from two different perspectives that lead to a conclusion that while the two products do tend to be complements to one another, overall the individually run state lottery games experience a reduction in sales from the presence of the multi-state game.

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Geodetic And Sconstraints On Some Seismogenic Zone Processes In Costa Rica, Edmundo Norabuena, Timothy H. Dixon, Susan Schwartz, Heather Deshon, Andrew Newman, Marino Protti, Victor Gonzalez, Leroy Dorman, Ernst R. Flueh, Paul Lundgren, Fred Pollitz, Dan Sampson Nov 2004

Geodetic And Sconstraints On Some Seismogenic Zone Processes In Costa Rica, Edmundo Norabuena, Timothy H. Dixon, Susan Schwartz, Heather Deshon, Andrew Newman, Marino Protti, Victor Gonzalez, Leroy Dorman, Ernst R. Flueh, Paul Lundgren, Fred Pollitz, Dan Sampson

School of Geosciences Faculty and Staff Publications

New seismic and geodetic data from Costa Rica provide insight into seismogenic zone processes in Central America, where the Cocos and Caribbean plates converge. Seismic data are from combined land and ocean bottom deployments in the Nicoya peninsula in northern Costa Rica and near the Osa peninsula in southern Costa Rica. In Nicoya, inversion of GPS data suggests two locked patches centered at 14 ± 2 and 39 ± 6 km depth. Interplate microseismicity is concentrated in the more freely slipping intermediate zone, suggesting that small interseismic earthquakes may not accurately outline the updip limit of the seismogenic zone, the …

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Using The Wacc To Value Real Options, Tom Arnold, Timothy Falcon Crack Nov 2004

Using The Wacc To Value Real Options, Tom Arnold, Timothy Falcon Crack

Finance Faculty Publications

We present a real option valuation using the weighted average cost of capital (WACC). This is an alternative to risk-neutral real option valuation. Using the WACC involves a marginal increase in mathematical complexity, but it is easy to implement in a spreadsheet, and it is easy to present to management. Our analysis reveals, however, that because the real option valuation is immune to choices of admissible discount rates (as per Arnold and Crack 2003a), the critical issue is correct estimation of volatility, not choice of discount rate. We also point out that the natural and conservative tendency to overestimate risk …

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Civil Rights Liability Of Private Entities, Barbara Kritchevsky Nov 2004

Civil Rights Liability Of Private Entities, Barbara Kritchevsky

Cardozo Law Review

No abstract provided.

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Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein Nov 2004

Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein

Missouri Law Review

This article seeks to demonstrate why is important for policy makers to understand how people evaluate health and safety risks. This type of understanding is essential to communicate policy and to anticipate public reactions. Current events have caused many people across the globe to feel more at risk than previous generations, making this inquiry especially relevant.

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War Fever Symposium:, Geoffrey R. Stone Nov 2004

War Fever Symposium:, Geoffrey R. Stone

Missouri Law Review

As Justice Robert Jackson observed more than half a century ago, “[i]t is easy, by giving way to the passion, intolerance and suspicion of wartime, to reduce our liberties to a shadow, often in answer to exaggerated claims of security.” Indeed, the United States has a long and unfortunate history of overreacting to the dangers of wartime. Again and again, Americans have allowed fear to the better of them. Some measure of fear, of course, is inevitable—even healthy—in time of war. Otherwise, it would be difficult, if not impossible, for a nation to make the sacrifices war demands. An essential …

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Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg Nov 2004

Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg

Cornell Law Faculty Publications

Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant. The appeal rate is 39.6 percent in tried cases compared to 10.0 percent of nontried cases. For cases with definitive judgments, the appeal filing rate is 19.0 percent in nontried cases and 40.9 percent in tried cases. Tried cases with definitive judgments are appealed to a conclusion on the …

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Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle Nov 2004

Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle

Missouri Law Review

This summary contends that exclusion of discretionary review by the Missouri Supreme Court from the available list of remedies will not impart the statute of limitation for two reasons. First, in Missouri, the right to apply for discretionary transfer is guaranteed by the state constitution. If the statute of limitation for federal habeas corpus petitions were not tolled by a prisioner’s pending application for discretionary transfer, state prisoners would be forced unfairly to choose between state and federal constitutional rights. Second, the characterization of a particular state remedy as “extraordinary” for exhaustion purposes should not affect its character as “direct” …

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State Practice Acts Of Licensed Health Professions: Scope Of Practice, James W. Hilliard, Marjorie E. Johnson Nov 2004

State Practice Acts Of Licensed Health Professions: Scope Of Practice, James W. Hilliard, Marjorie E. Johnson

DePaul Journal of Health Care Law

No abstract provided.

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The Role Of Silence And Avoidance In Interpersonal Conflict, Alexia Georgakopoulos Nov 2004

The Role Of Silence And Avoidance In Interpersonal Conflict, Alexia Georgakopoulos

Peace and Conflict Studies

Conflict is an inevitable process in relationships. Effective strategies must be used to manage conflict accordingly. If one is to understand how to incorporate effective strategies when dealing with conflict, the emotional experience related to conflict must be understood. The expression of anger is the emotion most associated with conflict; therefore, anger is an important emotion in the assessment of conflict. Anger is associated with arousal that may be traced to have its roots in the evolution of humankind. The emotion of anger is in part biological which links it to dispositional properties and to another extent largely communicative as …

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Nietzsche On Truth And The Will, Steven Michels Nov 2004

Nietzsche On Truth And The Will, Steven Michels

Political Science & Global Affairs Faculty Publications

The fundamental — and many would say lingering — challenge to Nietzsche concerns how he can ground the will to power, given what he says about metaphysics as a philosophic prejudice. Does his teaching not topple of its own weight/lessness? It is the standard objection to which all postmodern philosophers must respond. This article examines what Nietzsche says about the limits of truth and the role that experience and perspective have in setting standards by which we might live correctly. The will to power, Nietzsche instructs, is a claim on truth, confirmed only to the extent that it serves life …

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The Effect Of The Walking Speed On The Stability Of The Anterior Cruciate Ligament Deficient Knee, Nikolaos Stergiou, Constantina O. Moraiti, Giannis Giakas, Stavros Ristanis, Anastasios D. Georgoulis Nov 2004

The Effect Of The Walking Speed On The Stability Of The Anterior Cruciate Ligament Deficient Knee, Nikolaos Stergiou, Constantina O. Moraiti, Giannis Giakas, Stavros Ristanis, Anastasios D. Georgoulis

Journal Articles

Background. The reasons behind the development of future pathology in individuals with anterior cruciate ligament deficiency are unknown. This is due to the lack of appropriate methods to assess functional dynamic knee stability. In this study, we investigated the effect of walking speed on the functional dynamic stability of the anterior cruciate ligament deficient knee. We defined functional dynamic stability as local stability or the sensitivity of the knee to small perturbations. The natural stride-to-stride variations that exist during locomotion reflect exactly the presence of these perturbations. We hypothesized that speed will affect local stability in the deficient knee, …

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Madison Christian School Administrative Database, Pamela Rowland Nov 2004

Madison Christian School Administrative Database, Pamela Rowland

Masters Theses & Doctoral Dissertations

The need for a database system at Madison Christian School (MCS) is examined. An investigation of current processes identifies the need for stored data that is easy to access and easy to use. Currently paper data is stored in a file cabinet. It is not easy to manipulate, and reports must be generated by hand. MCS needed a database that a teacher with little computer skills could easily access and use while considering that an administrator would use the database for data manipulation and storage. Microsoft Access is used to develop the database as it is an easy-to-use interface that …

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Corbello V. Iowa Production And The Implications Of Restoration Damages In Louisiana: Drilling Holes In Deep Pockets For Thirty-Three Million Dollars, Mary Beth Balhoff Nov 2004

Corbello V. Iowa Production And The Implications Of Restoration Damages In Louisiana: Drilling Holes In Deep Pockets For Thirty-Three Million Dollars, Mary Beth Balhoff

Louisiana Law Review

No abstract provided.

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The Varying Parameters Of Obstruction Of Justice In American Criminal Law, John F. Decker Nov 2004

The Varying Parameters Of Obstruction Of Justice In American Criminal Law, John F. Decker

Louisiana Law Review

No abstract provided.

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The Miami Barrel: An Innovation In Forensic Firearms Identification, Thomas G. Fadul Jr. Nov 2004

The Miami Barrel: An Innovation In Forensic Firearms Identification, Thomas G. Fadul Jr.

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The scientific foundation in firearm and tool mark identification is that each firearm/tool produces a signature of identification (striation/impression) that is unique to that firearm/tool, and through examining the individual striation/impressions; the signature can be positively identified to the firearm/tool that produced it. There is no set number of matching striations that are needed for concluding an identification. The inability to identify fired bullets to individual Glock pistols resulted in an in-depth study of Glock's polygonal rifled barrels, which resulted in the manufacturing of the Miami/EBIS Gun Barrel. This research study provided the scholarly research that was needed to determine …

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Three Concepts Of Church Autonomy, Ronald R. Garet Nov 2004

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.

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Excellence In Nursing Knowledge [Complete Issue - Digital Origin: November 2004, Vol 1, 3], Kenneth W. Colbert, Tara Dugan Claudio, Richard Hader, Roberta Mori, Greg Perry, Ruth Plumb, Kelly L. Podgorny, Karole Schafer Mourek, Sigma Theta Tau International Nov 2004

Excellence In Nursing Knowledge [Complete Issue - Digital Origin: November 2004, Vol 1, 3], Kenneth W. Colbert, Tara Dugan Claudio, Richard Hader, Roberta Mori, Greg Perry, Ruth Plumb, Kelly L. Podgorny, Karole Schafer Mourek, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: In 2004, the Excellence publication was once again transformed, this time becoming Excellence in Nursing Knowledge (ENK): Voices of Evidence in Nursing, an online-only, topic-centric monthly edited by subject-matter experts. Nine issues of ENK were published from August 2004 through May 2005. The format represented the views from administration, bedside nursing, and student nursing in a single issue. Topics explored were Synergy (Martha A. Q. Curley)*, The Future of Nursing (Jean Scholz), Beyond Ratios (Karole Mourek and Ken Colbert), Preventing Surgical Infections (Marianne Fredrick and Lisa Pilla), Elevating Nurses (Susan Torres, Terri Wurmser, and Jane Bliss-Holtz), Clinical Scholars …

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A Cross-Cultural Test Of Nancy Jay’S Theory About Women, Sacrificial Blood And Religious Participation, Virginia S. Fink Nov 2004

A Cross-Cultural Test Of Nancy Jay’S Theory About Women, Sacrificial Blood And Religious Participation, Virginia S. Fink

Journal of International Women's Studies

I examine the theoretical insights of Nancy Jay’s 1992 investigation of patrilineal sacrificial rituals and their role in the restriction of women in religious rituals. I use the Standard Cross-Cultural Sample, a representative sample of preindustrial societies, to test the strength of patrilineality and other factors identified as subordinating women in preindustrial societies. A societal pattern of male inheritance of property and patrilineal descent are the strongest predictors of women being restricted or excluded from major public religious rituals. The implications of this pattern for modern societies are discussed.

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Soil Microfungi In The Forest-Agricultural Landscape Of San Luis, Costa Rica, November 2004, Ellyn Yakowenko Nov 2004

Soil Microfungi In The Forest-Agricultural Landscape Of San Luis, Costa Rica, November 2004, Ellyn Yakowenko

Monteverde Institute: Tropical Ecology and Conservation

Soil microfungi are known to play key roles in ecosystem function and are often the first indicators of a breakdown in stability (Volk 2001). This study compares soil microfungal abundance and diversity across a tropical human land use gradient in the San Luis valley of Costa Rica. Microfungi were cultured from soil samples collected from primary forest, secondary forest, pasture, and coffee farm sites using the Soil Dilution Plate Technique (Christensen 2001). Thirty-six soil samples yielded a total of 17,321 isolates of 41 different morphological species. Each habitat type was characterized by the dominance of a few abundant species while …

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Look Again At Stare Decisis In Montana, Jeffrey T. Renz Nov 2004

Look Again At Stare Decisis In Montana, Jeffrey T. Renz

Faculty Journal Articles & Other Writings

The author responds to a critical review of his law review article, Stare Decisis in Montana, 65 Mont. L. Rev. 41 (2004).

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The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens Nov 2004

The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens

Northern Illinois University Law Review

This article delineates the extent that personal papers and diaries are protected against being used to incriminate a person who had been compelled to produce them. It examines the way the Fifth Amendment privilege has been interpreted by the United States Supreme Court in relation to personal papers, places this jurisprudence in context, and posits a conclusion based on the Court's recent trends. It concludes that the Court should not allow American law enforcement officials to compel examination of a person's personal papers yet prosecute this person based on these compelled disclosures.

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The Effect Of Income Taxation On Consumption And Labor Supply, James P. Ziliak, Thomas J. Kniesner Nov 2004

The Effect Of Income Taxation On Consumption And Labor Supply, James P. Ziliak, Thomas J. Kniesner

Center for Policy Research

We estimate the incentive effects of income taxation in a life-cycle model of consumption and labor supply that relaxes the standard assumption of strong separability within periods. Our model permits identification of both within-period preference parameters and lifecycle preference parameters such as the inter-temporal substitution elasticity. Results indicate that consumption and hours worked are direct complements in utility, and both increase with an increase in the after-tax share and with a compensated increase in the net wage. The compensated net wage elasticity is about 0.3, nearly double the standard estimates for men in the United States that ignore within-period non-separability …

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Judging Merit, Patrick S. Shin Nov 2004

Judging Merit, Patrick S. Shin

Suffolk University Law School Faculty Works

In this invited response to Stephen Choi & Mitu Gulati, "Choosing the Next Supreme Court Justice: An Empirical Ranking of Judge Performance," 78 S. CAL. L. REV. 23, 30 (2004), I analyze the central normative assumptions underlying Choi and Gulati’s "Tournament of Judges." To that end, I explore the concept of "merit" as it applies to the selection of individuals for important institutional positions. I suggest that an ascription of merit can be understood to entail a claim that an individual exemplifies the aptitudes, excellences, and virtues of a particular office or position. I argue that merit in this sense …

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Risk Realization, Emotion, And Policy Making, Chris Guthrie Nov 2004

Risk Realization, Emotion, And Policy Making, Chris Guthrie

Missouri Law Review

People are likely to overestimate the impact of negative life events on our enduring sense of well-being. If true, this empirical finding puts policy makers in an awkward position because they are generally called upon to make policy in anticipation of , rather than in response to, such events. Nonetheless, I will argue that policy makers should take into account our tendency to overestimate the emotional impact of such events.

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Fifty Conflict Of Laws "Restatements": Merging Judicial Discretion And Legislative Endorsement, Shirley A. Wiegand Nov 2004

Fifty Conflict Of Laws "Restatements": Merging Judicial Discretion And Legislative Endorsement, Shirley A. Wiegand

Louisiana Law Review

No abstract provided.

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From Baton Rouge To Baghdad: A Comparative Overview Of The Iraqi Civil Code, Dan E. Stigall Nov 2004

From Baton Rouge To Baghdad: A Comparative Overview Of The Iraqi Civil Code, Dan E. Stigall

Louisiana Law Review

No abstract provided.

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