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2004

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Institution
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Articles 16351 - 16380 of 18150

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How Not To Count Votes, John Copeland Nagle Jan 2004

How Not To Count Votes, John Copeland Nagle

Journal Articles

Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …

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Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett Jan 2004

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett

Journal Articles

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

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Defending Cyberproperty, Patricia L. Bellia Jan 2004

Defending Cyberproperty, Patricia L. Bellia

Journal Articles

This Article explores how the law should treat legal claims by owners of Internet-connected computer systems to enjoin unwanted uses of their systems. Over the last few years, this question has become increasingly urgent and controversial, as system owners have sought protection from unsolicited commercial e-mail and from robots that extract data from Web servers for competitive purposes. In the late 1990s and early 2000s, courts utilizing a wide range of legal doctrines upheld claims by network resource owners to prevent unwanted access to their computer networks. The vast weight of legal scholarship has voiced strong opposition to these cyberproperty …

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Misusing International Sources To Interpret The Constituion, Roger P. Alford Jan 2004

Misusing International Sources To Interpret The Constituion, Roger P. Alford

Journal Articles

This article addresses the trend toward using international sources to interpret the Constitution. While recognizing that international sources may be appropriately used as persuasive authority in certain types of constitutional analysis, this article argues that such reliance is inappropriate if done improperly. There are four misuses of international sources that serve as the focus of the article.

The first misuse of international sources - particularly evident in death penalty litigation - occurs when the global opinions of humankind are ascribed constitutional value to thwart the domestic opinions of Americans. The article suggests that international norms cannot be internalized within our …

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Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick Jan 2004

Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick

Osgoode Hall Law Journal

Almost half of the Supreme Court of Canada's decisions are not unanimous, but not all disagreement is of a kind. It makes a difference whether the panel's unanimity is broken by a single dissident, by several judges signing a single set of reasons, or by several judges each writing separately. This article examines the notion of disagreement, suggests a conceptual framework in which the various disagreement formats can be located, applies that framework to the Court's performance over the past thirty years, and concludes with some speculation as to why the Supreme Court of Canada and the United States Supreme …

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Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi Jan 2004

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

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Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber Jan 2004

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

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Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley Jan 2004

Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley

Maryland Law Review

No abstract provided.

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Her Own Good Name: Two Centuries Of Talk About Chastity, Lisa R. Pruitt Jan 2004

Her Own Good Name: Two Centuries Of Talk About Chastity, Lisa R. Pruitt

Maryland Law Review

No abstract provided.

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Tributes To Professor Alan Hornstein Jan 2004

Tributes To Professor Alan Hornstein

Maryland Law Review

No abstract provided.

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Tributes To Professor Alice Brumbaugh Jan 2004

Tributes To Professor Alice Brumbaugh

Maryland Law Review

No abstract provided.

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Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment", Garrett Power Jan 2004

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment", Garrett Power

Maryland Law Review

No abstract provided.

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Radical Tax Reform, Municipal Finance, And The Conservative Agenda, Eric J. Gouvin Jan 2004

Radical Tax Reform, Municipal Finance, And The Conservative Agenda, Eric J. Gouvin

Faculty Scholarship

Proponents of a consumption tax system to replace the federal income tax typically couch their support for radical tax reform in the language of traditional tax policy goals. They claim that their reform plans promote the goals of simplicity, economic efficiency, stability, and equity. This Article examines how well the proposed tax reforms will achieve those goals in the context of their anticipated impact on state and local finance. The effects on state and local governments of a flattened-rate income tax, flat tax, or a broad federal consumption tax could be enormous and devastating. The Article finds that all of …

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Introduction: What Does Oakley Tell Us About The Failures Of Constitutional Decision-Making?, Taylor Flynn Jan 2004

Introduction: What Does Oakley Tell Us About The Failures Of Constitutional Decision-Making?, Taylor Flynn

Faculty Scholarship

The Wisconsin Supreme Court's decision in State v. Oakley, in which the court upheld a probation order prohibiting Mr. Oakley from fathering additional children until he could support them, is a compelling example of a troubling flaw in our constitutional jurisprudence. Absent the countervailing check perhaps provided by the doctrine of unconstitutional conditions, each path of doctrinal analysis, considered separately, arguably leads to the conclusion that the probation order is valid. This is so even though a number of institutional, structural, and process-based considerations converge to render the order's constitutionality highly suspect. The prevailing doctrinal approach is to disaggregate the …

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The Family And Medical Leave Act Of 1993: Ten Years Of Experience: Introduction, Pauline Kim Jan 2004

The Family And Medical Leave Act Of 1993: Ten Years Of Experience: Introduction, Pauline Kim

Scholarship@WashULaw

On February 5, 1993, in a Rose Garden ceremony, President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law, declaring that workers “will no longer need to choose between the job they need and the family they love.”1 The signing ceremony was significant for a number of reasons. It marked an early legislative victory for a new administration, signaling its commitment to ending gridlock in Washington. It also symbolized changing priorities: earlier versions of the legislation had twice been enacted by Congress and then vetoed by President George H.W. Bush. With its focus on the needs of …

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Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters Jan 2004

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters

Scholarship@WashULaw

This short essay explores Justice Antonin Scalia's conservative alternative approach to recent efforts by other Justices to utilize foreign and international legal sources in the Supreme Court's jurisprudence. It discusses Justice Scalia's writings and remarks over the course of the 2003-2004 Supreme Court Term: On the one hand, Justice Scalia consistently denounced the use of foreign legal sources in constitutional interpretation, both in his concurring opinion in Sosa v. Alvarez-Machain and in his keynote address at the Annual Meeting of the American Society of International Law. On the other hand, in his dissent in Olympic Airways v. Husain, Justice Scalia …

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Litmag 2003-04, University Of Missouri-St. Louis Jan 2004

Litmag 2003-04, University Of Missouri-St. Louis

Litmag

Litmag is a student-run literary magazine published annually each spring through the English Department. Our purpose is to promote the creative work of students and staff and increase awareness of the ever-present literary talent on UMSL’s campus. We aim to produce a high quality journal that gives emerging writers and artists a venue to display their work and experience the world of professional publishing.

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Optimal Shunt Capacitor Placement In Power Distribution System Using A Genetic Algorithm, Akram Fajer Bati, Nawfal M. Taher, Hazem Mohammed Jan 2004

Optimal Shunt Capacitor Placement In Power Distribution System Using A Genetic Algorithm, Akram Fajer Bati, Nawfal M. Taher, Hazem Mohammed

Iraqi Journal of Computers, Communications, Control and Systems Engineering

The problem of optimal placement of capacitors determines the size, type (fixed or switched), and locations of the capacitors to be installed in a radial distribution feeder that will reduce power loss while minimizing the costs of investment and installation of the capacitor banks. The present work is devoted to determine the optimal locations and sizes of capacitors in radial distribution system with different load levels using a genetic algorithm, taking in consideration the economic saving and cost of the capacitor. The optimal capacitor placement consists of problem formulations (based on the load flow equations in distribution system), genetic algorithms …

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Tragedy Of Public Schools [Part 1 Of 3: Special Note To The Contemporary Reader, 2004] : Prince Edward County, Virginia: A Report For The Virginia Advisory Committee To The United States Commission On Civil Rights, Edward H. Peeples Jan 2004

Tragedy Of Public Schools [Part 1 Of 3: Special Note To The Contemporary Reader, 2004] : Prince Edward County, Virginia: A Report For The Virginia Advisory Committee To The United States Commission On Civil Rights, Edward H. Peeples

Edward H. Peeples Prince Edward County (Va.) Public Schools Documents

Note to the contemporary reader by Edward H. Peeples, Jr., concerning the report for the Virginia Advisory Committee to the United States Commission on Civil Rights.

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Virginia Dental Journal (Vol. 81, No. 3, 2004) Jan 2004

Virginia Dental Journal (Vol. 81, No. 3, 2004)

Virginia Dental Journal

No abstract provided.

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Virginia Dental Journal (Vol. 81, No. 4, 2004) Jan 2004

Virginia Dental Journal (Vol. 81, No. 4, 2004)

Virginia Dental Journal

No abstract provided.

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Towards A Theory Of Journalism As Practice, Rhonda Breit Jan 2004

Towards A Theory Of Journalism As Practice, Rhonda Breit

Graduate School of Media and Communications

The State of the news media survey 2004 has found that journalists in the United States believe "business pressures are making the news they produce thinner and shallower" (Kovach, Rosenstiel & Mitchell, 2004, p. 1). In fact, Kovach et al (2004, p.2) state that an increasing number of journalists identify economics as their greatest concern, with 66 per cent 0/national journalists and 57 per cent of local journalists surveyed believing "increased bottom-line pressure is seriously hurting the quality of news coverage ", This paper seeks to provide a theoretical framework which explains this dilemma. The theory articulated challenges views 0/ …

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Assessment / Audit System, Nicholas Bucciarelli Jan 2004

Assessment / Audit System, Nicholas Bucciarelli

Theses

Assessment / Audit Web Services based system that encompasses multiple standards to create a hybrid process model set that contains relationships to an organization's business model goals. In addition, it has a series of web services that automate the updating of an organization's Quality Management System and the delivery to a portal (process asset library)

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Sierra Club V. Meiburg: Out, Damned Pollutants - Out, We Say - What, Will Georgia's Water Ne'er Be Clean, Taylor L. Archambault Jan 2004

Sierra Club V. Meiburg: Out, Damned Pollutants - Out, We Say - What, Will Georgia's Water Ne'er Be Clean, Taylor L. Archambault

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Nrdc V. Evans: Northern District Of California Delivers Sound Judgment In Protection Of Marine Wildlife Under The Mmpa, Restricting Navy's Use Of Sonar, Carolyn M. Chopko Jan 2004

Nrdc V. Evans: Northern District Of California Delivers Sound Judgment In Protection Of Marine Wildlife Under The Mmpa, Restricting Navy's Use Of Sonar, Carolyn M. Chopko

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Air Quality Protection Using State Implementation Plans -Thirty-Seven Years Of Increasing Complexity, Arnold W. Reitze Jr. Jan 2004

Air Quality Protection Using State Implementation Plans -Thirty-Seven Years Of Increasing Complexity, Arnold W. Reitze Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth Jan 2004

Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Effectiveness Of Multisensory Communication In Worship, Donald Matthew Poole Jan 2004

Effectiveness Of Multisensory Communication In Worship, Donald Matthew Poole

ATS Dissertations

No abstract provided.

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Recovering The Priesthood Of All Believers : A Study Of The Discovery And Deployment Of Spiritual Gifts For Service And Their Effect On The Individual's Assurance Of God's Grace And Awareness Of Neighbor's Need , Kevin E. Ruffcorn Jan 2004

Recovering The Priesthood Of All Believers : A Study Of The Discovery And Deployment Of Spiritual Gifts For Service And Their Effect On The Individual's Assurance Of God's Grace And Awareness Of Neighbor's Need , Kevin E. Ruffcorn

ATS Dissertations

No abstract provided.

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Persuasion And Church Ministry As It Relates To Woman Abuse : An Evaluation Of 'No Place For Abuse' On The Knowledge, Attitudes, And Behavior Of Asbury Theological Seminarians, Edwin Arthur Shei Jan 2004

Persuasion And Church Ministry As It Relates To Woman Abuse : An Evaluation Of 'No Place For Abuse' On The Knowledge, Attitudes, And Behavior Of Asbury Theological Seminarians, Edwin Arthur Shei

ATS Dissertations

No abstract provided.

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