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Islamic Rulings On Warfare, Sherifa D. Zuhur Dr., Youssef H. Aboul-Enein Ltcdr

Books, Monographs & Collaborative Studies

The global war on terror (GWOT) and the battles with specific Islamist groups is, to some degree, a war of ideas. With a better understanding of Islamic concepts of war, peace, and Muslim relations with non-Muslims, those fighting the GWOT may gain support and increase their efficacy. The authors explain the principles of jihad and war and their conduct as found in key Islamic texts, the controversies that have emerged from the Quranic verses of war and peace, and the conflict between liberal or moderate Islamic voices and the extremists on matters such as the definition of combatants, treatment of …

Dit Independent, Issue 1, 1st.-30th. Of November, 2004, Dit:Students Union

DIT Student Union

No abstract provided.

Dit Independent, Issue 2, 1st.-30th. Of November, 2004, Dit:Students Union

DIT Student Union

No abstract provided.

The Republican Model And Punitive Damages, David F. Partlett

San Diego Law Review

Fueled by complaints of outlandish punitive damage awards and a United States Supreme Court intent on bringing constitutional order to this corner of torts damages, a considerable literation has emerged. Commentators have examined the bases for the award of punitive damages and have applied empirical analysis to probe the legitimacy of popular criticism and the extent to which punitive damages fulfill the goals assigned to them. In this essay, I propose that punitive damages should be conceptualized in light of a republican theory of tort law with the jury as its central institution. This is ironic, since influential commentators and …

Do Punitive Damages Compensate Society?, Michael B. Kelly

San Diego Law Review

This Article focuses on the concept that punitive damages can be justified as a substitute for compensatory damages for harms caused by the defendant to persons other than the plaintiff. The author concludes that punitive damages are a poor device for redressing harms caused to persons not a party to the action. Once punitive damages seek to address concerns beyond the plaintiff and the defendant, they raise a series of problems that defy rationalization. This article urges that we not take punitive damages as so great a good that we run roughshod over dues process in our zeal to preserve …

Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus

San Diego Law Review

This Article examines the Supreme Court of Canada's punitive damage awards in pure breach of contract cases in recent years. The Supreme Court reaffirmed this development in its recent and leading decision in Whiten v. Pilot Insurance Co. The Court attempted to craft an approach to the awarding of punitive damages that would avoid the worst excesses of the American experience in Pilot Insurance. The author explores whether the Court succeeded in attaining that laudable objective, concluding that the decision disappoints by failing to supply a convincing reason for extending the scope of punitive damages in the contract context beyond …

Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman

San Diego Law Review

In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest …

Brown Ii's "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid-Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman

San Diego Law Review

In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' …

The Rise And Decline Of Structural Remedies, Russell L. Weaver

San Diego Law Review

One of the most significant remedial developments during the twentieth century was the rise and (partial) decline of the structural injunction in which courts, usually federal courts, restructure or reshape legislative or administrative agencies such as schools or prisons. Structural remedies appear to be inconsistent with the judicial function conceptually. Despite this concern, federal courts have entered structural relief in an extraordinary array of cases that have dramatically reshaped society. This Article examines the structural remedy and offers some reflections on its appropriate use.

"Preliminarily" Enjoining Elections: A Tale Of Two Ninth Circuit Panels, James M. Fischer

San Diego Law Review

In the context of many election challenges, given time constraints involved, preliminary injunctions will be the remedy of necessity for those who seek postponement of the election. This Article examines whether the tests for granting preliminary injunctions are adequate for the task and whether the standards for reviewing district court decisions are sufficient.

Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer

San Diego Law Review

This Article compares and contrasts the lack of success in desegregating the schools with the greater success in eliminating discrimination from the workplace and suggests that the workplace and schoolhouse can act together for the benefit of both. Part II theorizes that Brown might, in hindsight, have been more successfully implemented and demonstrates why what might have been done earlier probably would not work today. Part III compares the plight of students who have not been helped by Brown with the plight of working parents whose family demands have kept them from sharing fully in the promise of Title VII. …

The Law Of Remedies In The Second Half Of The Twentieth Century: An Australian Perspective, Gary Davis, Michael Tilbury

San Diego Law Review

This Article examines the development of the law of Remedies in Australia during the second half of the twentieth century. The authors look at the general triumph of the compensation principle, the resurgence of equitable compensation, the statutory overlay of the common law, and conclude with issues for the twenty-first century.

Raich V. Ashcroft: Medical Marijuana And The Revival Of Federalism, Samantha Everett

San Diego Law Review

In Raich v. Ashcroft, the Ninth Circuit ruled that the CSA was an unconstitutional exercise of congressional commerce power when applied to citizens who use marijuana that has not traveled interstate and was never intended for interstate or foreign commerce. This Casenote argues that Raich was correctly decided and should be upheld by the Supreme Court on appeal. In addition, the judiciary should continue to narrowly interpret the commerce power in order to further the fundamental purpose of our dual system of government: protection of individual rights. More specifically, courts should apply the reasoning of Raich and narrowly define the …

Nucleation Rates Of Water And Heavy Water Using Equations Of State, Abdalla Obeidat, Jin-Song Li, Gerald Wilemski

Physics Faculty Research & Creative Works

The original formula of Gibbs for the reversible work of critical nucleus formation is evaluated in three approximate ways for ordinary and heavy water. The least approximate way employs an equation of state to evaluate the pressure difference between the new and old phases. This form of the theory yields a temperature dependence for the nucleation rate close to that observed experimentally. This is a substantial improvement over the most commonly used (and most approximate) form of classical theory.©2004 American Institute of Physics.

Valorizing Racial Boundaries: Hegemony And Conflict In The Racialization Of Filipino Migrant Labour In The United States, Richard Baldoz

Faculty & Staff Scholarship

This article examines the role of the “racial state” in delimiting the socio-economic mobility of Filipino immigrants in the United States during the first half of the twentieth century. I illustrate how racial statecraft was deployed to restrict the access of Filipino immigrants to citizenship, family formation and land ownership through exclusionary racial criteria. I argue that the state instituted ascribed racial categories as the principal means of differentiating the civic status and social resources available to racialized collectivities. Filipino immigrants in the United States offer an interesting case study because of their status as colonial subjects of the United …

Multivariate Stochastic Volatility Models: Bayesian Estimation And Model Comparison, Jun Yu, Renate Meyer

Research Collection School Of Economics

In this paper we show that fully likelihood-based estimation and comparison of multivariate stochastic volatility (SV) models can be easily performed via a freely available Bayesian software called WinBUGS. Moreover, we introduce to the literature several new specifications which are natural extensions to certain existing models, one of which allows for time varying correlation coefficients. Ideas are illustrated by fitting, to a bivariate time series data of weekly exchange rates, nine multivariate SV models, including the specifications with Granger causality in volatility, time varying correlations, heavy-tailed error distributions, additive factor structure, and multiplicative factor structure. Empirical results suggest that the …

Asymmetric Response Of Volatility: Evidence From Stochastic Volatility Models And Realized Volatility, Jun Yu

Research Collection School Of Economics

This paper examines the asymmetric response of equity volatility to return shocks. We generalize the news impact function (NIF), originally introduced by Engle and Ng (1993) to study asymmetric volatility under the ARCH-type models, to be applicable to both stochastic volatility (SV) and ARCH-type models. Based on the generalized concept, we provide a unified framework to examine asymmetric properties of volatility. A new asymmetric volatility model, which nests both ARCH and SV models and at the same time allows for a more flexible NIF, is proposed. Empirical results based on daily index return data support the classical asymmetric SV model …

Anaesthesia For Surgical Correction Of Scoliosis With Spinal Cord Monitoring--A Case Series, M Q. Hoda, S U. Zafar

Department of Anaesthesia

Objective: To share our experience of anaesthetic management of scoliosis with intra-operative somatosensory evoked potential monitoring and wake up test.Methods: All the cases of scoliosis surgery scheduled during a period of two years in which SSEP and intra-operative wake-up test was planned were included in the study. The patient in which intra-operative wake-up test was not planned were excluded from this case series.Results: We managed a series of sixteen cases of scoliosis in our hospital. Eleven patients were female and five were male with the age ranging from six to twenty two years. SSEPs were monitored throughout the procedure and …

An Environmentally Enlightened Accounting, Jesse Dillard, Darrell Brown, Scott Marshall

Business Faculty Publications and Presentations

Environmental stewardship must become a primary concern if management is to adequately fulfill its societal responsibilities. Management and accounting information systems must aggressively respond to these emerging requirements in order to support adequately the associated information needs as well as to design organizational systems that motivate and facilitate desired behavior. Our purpose here is to consider a framework useful for developing environmentally enlightening management and accounting information systems that take into account alternative environmental perspectives. The framework can be used to develop prototypes representing different levels of environmental enlightenment and, as such, can provide general guidance for moving collectives and …

"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne

Vanderbilt Law Review

Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …

Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser

Vanderbilt Law Review

On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.

The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …

On Semantic Caching And Query Scheduling For Mobile Nearest-Neighbor Search, Baihua Zheng, Wang-Chien Lee, Dik Lun Lee

Research Collection School Of Computing and Information Systems

Location-based services have received increasing attention in recent years. In this paper, we address the performance issues of mobile nearest-neighbor search, in which the mobile user issues a query to retrieve stationary service objects nearest to him/her. An index based on Voronoi Diagram is used in the server to support such a search, while a semantic cache is proposed to enhance the access efficiency of the service. Cache replacement policies tailored for the proposed semantic cache are examined. Moreover, several query scheduling policies are proposed to address the inter-cell roaming issues in multi-cell environments. Simulations are conducted to evaluate the …

The D-Tree: An Index Structure For Planar Point Queries Location-Based Wireless Services, Jianliang Xu, Baihua Zheng, Wang-Chien Lee, Dik Lun Lee

Research Collection School Of Computing and Information Systems

Location-based services (LBSs), considered as a killer application in the wireless data market, provide information based on locations specified in the queries. In this paper, we examine the indexing issue for querying location-dependent data in wireless LBSs; in particular, we focus on an important class of queries, planar point queries. To address the issues of responsiveness, energy consumption, and bandwidth contention in wireless communications, an index has to minimize the search time and maintain a small storage overhead. It is shown that the traditional point-location algorithms and spatial index structures fail to achieve either objective or both. This paper proposes …

The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk

Articles

Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …

Re-Reifying Data, James Gibson

Law Faculty Publications

There's a war on between those who view digital technology as a reason to expand intellectual property law and those who oppose this expansion. One front in the war is technological: the pro-expansionists enclose their products in restrictive code, which the anti-expansionists circumvent and hack. A second is legislative: the pro-expansionists seek extended copyright duration, favorable changes to contract law, and other new legal entitlements, while the anti-expansionists lobby for the opposite. And a third front is a combination of the first two: it is technological. On this battlefield, the pro-expansionists use the law to fortify their technological protections. But …

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Michigan Law Review

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

Communicating Hands: Erps Elicited By Meaningful Symbolic Hand Postures, Tc Gunter, P Bach

School of Psychology

Meaningful and meaningless hand postures were presented to subjects who had to carry out a semantic discrimination task while electrical brain responses were recorded. Both meaningful and control sets of hand postures were matched as closely as possible. The ERPs elicited by meaningless hand postures showed an anteriorly distributed N300 and a centro-posteriorly distributed N400 component. The N300 probably reflects picture-specific processes, whereas the N400-effect probably reflects processing in an amodal semantic network. The scalp-distribution of the N400-effect, which is more posterior than usually reported in picture processing, suggests that the semantic representations of the concepts expressed by meaningful hand …

Clinical Growth Charts For Pre-School Children, Maysoon M. Al-Amoud, Yagob Y. Al-Mazrou, Sirrag E. El-Gizouli, Tawfik A. Khoja, Khalid A. Al-Turki

Saudi Medical Journal

OBJECTIVE: Growth standards are indicators for normal growth of the children and growth charts are important tools for their growth monitoring. Children from different populations are different in their growth pattern, it is important to create national standards for the growth of children in each population to develop local growth charts, and since these were not available in the Kingdom of Saudi Arabia (KSA), the aim of this study was to construct national growth standards and to develop growth charts for 0-5-years Saudi children. METHODS: A cross-sectional study following World Health Organization (WHO) criteria in determining sample size was adopted, …

Primary Hyperaldosteronism Treated By Radiofrequency Ablation, Abdulrahman A. Al-Shaikh, Mohamed M. Al-Rawas, Mirvat A. Al-Asnag

Saudi Medical Journal

This is a report of a 57-year-old Jordanian man who had uncontrolled hypertension and hypokalemia. He was diagnosed to have primary hyperaldosteronism with left adrenal adenoma. Traditionally, surgical resection of the adrenal gland whether by laparotomy or laparoscopic procedures would have been considered at this point. However, the treating team elected radiofrequency ablation of the left adrenal in view of the fact that this facility and the expertise was available in the hospital; in addition, this procedure required a shorter duration of hospitalization, was less expensive, and was less invasive. Subsequently, the patients blood pressure improved to 120/75mm Hg and …

The Magnetic Resonance Image Findings Of Idiopathic Granulomatous Mastitis, Rami J. Yaghan

Saudi Medical Journal

Idiopathic granulomatous mastitis is a rare disease of the breast. Clinically and radiologically it may mimic breast carcinoma. We report a case of a 34-year-old female patient with this diagnosis, concentrating on magnetic resonance image MRI findings and its clinical application. There have been other reports on MRI findings in this entity in the radiological literature, but in our case report, clinical, cytological, pathological, and radiological correlations are also provided.