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2004

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Natural Theology, Its "Dwindling Probabilities" And "Lack Of Rapport", Richard Swinburne Oct 2004

Natural Theology, Its "Dwindling Probabilities" And "Lack Of Rapport", Richard Swinburne

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort Oct 2004

Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort

Scholarly Works

This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.

The three principal federal anti-discrimination statutes - Title VII, the …


Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge Oct 2004

Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge

Scholarly Works

This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.

Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of contractual immunity …


Ursinus Magazine, Fall 2004, Wendy Greenberg, Carol M. Dole, C. Dallett Hemphill, Evan Bause, Ellen Cosgrove, Rebecca Roberts, James Postell Oct 2004

Ursinus Magazine, Fall 2004, Wendy Greenberg, Carol M. Dole, C. Dallett Hemphill, Evan Bause, Ellen Cosgrove, Rebecca Roberts, James Postell

Ursinus Magazine, 1995–Present

The Philip and Muriel Berman Museum of Art calendar • Campaign meets Kresge Challenge goal • Campaign chairs step in to serve Ursinus • Class of 2004 urged to pursue vocation, talent and happiness • Faculty & student achievements • Class of 1954 breaks reunion gift record • Senior class gift drive • Faculty focus: Patricia R. Schroeder • Transitions • Hollywood on the Perkiomen • Bringing up Bomberger: Taking the past into the future • They win some, they lose some: Alumni in politics cite liberal arts background • Alumna named new coach • Turf and surf • Athletics …


Information Outlook, October 2004, Special Libraries Association Oct 2004

Information Outlook, October 2004, Special Libraries Association

Information Outlook, 2004

Volume 8, Issue 10


Both Sides Of The Coin: A Decade Of Parallel Proceedings And Enforcement Of Foreign Judgments In Transnational Litigation, Louise Ellen Teitz Oct 2004

Both Sides Of The Coin: A Decade Of Parallel Proceedings And Enforcement Of Foreign Judgments In Transnational Litigation, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.


Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus Oct 2004

Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Litigation Fights Back: Avoiding The Effect Of Arbitration Clauses In Charterparty Bills Of Landing, Martin Davies Oct 2004

Litigation Fights Back: Avoiding The Effect Of Arbitration Clauses In Charterparty Bills Of Landing, Martin Davies

Journal of Maritime Law and Commerce

No abstract provided.


Communicator, Fall 2004, Wnec Alumni Association Oct 2004

Communicator, Fall 2004, Wnec Alumni Association

Alumni Magazines

No abstract provided.


Servant Of The Story: Judas As Tragic Hero In Film, Kaile Shilling Oct 2004

Servant Of The Story: Judas As Tragic Hero In Film, Kaile Shilling

Journal of Religion & Film

Judas is perhaps best defined and best understood through mythic mediums such as story and film, as opposed to historical, scriptural studies that adhere strictly to the gospel texts alone. Judas, as seen in story and film, is not restricted to or defined exclusively by a series of actions that characterize him as a villain. Rather, especially in filmic depictions, he shifts from a villain to a tragic hero, and as such, allows for a fuller discussion of the various influences and choices with which Judas may have been faced than is possible in the genre of gospel text.


Volume Cxxii, Number 3, October 1, 2004, Lawrence University Oct 2004

Volume Cxxii, Number 3, October 1, 2004, Lawrence University

The Lawrentian

No abstract provided.


The Origins Of American Felony Murder Rules, Guyora Binder Oct 2004

The Origins Of American Felony Murder Rules, Guyora Binder

Journal Articles

Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …


The Challenge Of Editing Einstein's Scientific Manuscripts, Tilman Sauer Oct 2004

The Challenge Of Editing Einstein's Scientific Manuscripts, Tilman Sauer

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

The Einstein Papers Project is a long-term editorial project devoted to publishing the Collected Papers of Albert Einstein (CPAE). The first volume was published by Princeton University Press in 1987 [CPAE1], followed by eight more volumes to date [CPAE2j-[ CPAE9j. To complete the series, some twenty more volumes are anticipated during the next 30-40 years. The documentary edition of the CPAE is supplemented by an English translation series. In addition to these publications in b09k format, the project has launched a website jointly with the Albert Einstein Archives of the Hebrew University of Jerusalem. Known as Einstein Archives Online (www.alberteinstein.info). …


Statutory Interpretation In Econotopia, Nathan B. Oman Oct 2004

Statutory Interpretation In Econotopia, Nathan B. Oman

Faculty Publications

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …


Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach Oct 2004

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

Articles

The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.


Photometric Identification Of Cool White Dwarfs, M. Kilic, D. E. Winget, Ted Von Hippel, C. F. Claver Oct 2004

Photometric Identification Of Cool White Dwarfs, M. Kilic, D. E. Winget, Ted Von Hippel, C. F. Claver

Publications

We investigate the use of a narrowband DDO51 filter for photometric identification of cool white dwarfs. We report photometric observations of 30 known cool white dwarfs with temperatures ranging from 10,000 K down to very cool temperatures (3500 K). Follow-up spectroscopic observations of a sample of objects selected using this filter and our photometric observations show that DDO51 filter photometry can help select cool white dwarf candidates for follow-up multiobject spectroscopy by rejecting 65% of main-sequence stars with the same broadband colors as the cool white dwarfs. This technique is not selective enough to efficiently feed single-object spectrographs. We present …


Lorentz-Violating Electrostatics And Magnetostatics, Quentin G. Bailey, V. Alan Kostelecký Oct 2004

Lorentz-Violating Electrostatics And Magnetostatics, Quentin G. Bailey, V. Alan Kostelecký

Publications

Electromagnetostatics experiments show promise for improving existing sensitivities to parity-odd coefficients for Lorentz violation in the photon sector.


The Effects Of Rural High School On Attending College And Earning A Bachelor’S Degree? A Multivariate Longitudinal Analysis Of A National Cohort Of High School Seniors, Christopher S. Snyder Oct 2004

The Effects Of Rural High School On Attending College And Earning A Bachelor’S Degree? A Multivariate Longitudinal Analysis Of A National Cohort Of High School Seniors, Christopher S. Snyder

Faculty Research at Morehead State University

This study examines the effects of attending a rural high school on postsecondary education outcomes. Besides rural high school attendance, other school, family, and individual characteristics are examined to determine if they moderate the effects of high school location upon entering a four-year college or not and graduating with a B.A. degree or higher. Using data for the 1992 cohort of high school seniors gleaned from the National Educational Longitudinal Survey (NELS 88/2000), the results indicate that the long-term effects of receiving a rural high school education are not as detrimental as some previous research has suggested. The disadvantages of …


Volume 21, No. 2 Oct 2004

Volume 21, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editor in Chief: Shawn Tock

News Editors: Jonathan Krashinsky, Michael Schalke

Layout Editor: Nate Russell

Photo Editor: Mark Dunsmuir


Community Development In Rural Illinois: Lessons Learned, Emily Intveld Oct 2004

Community Development In Rural Illinois: Lessons Learned, Emily Intveld

Community Project Design and Management Reports - Politics and Government

he following paper is a synopsis, examination, and reflection of my experience as a Peace Corps Fellow in the Applied Community and Economic Development Program at Illinois State University. Compiling and examining the experiences of my class work and practical experience have not been an easy chore. However, a more daunting task has been the reflection on my Peace Corps experience that lead me to Illinois State University and this program, the graduate classes and education I received here, and the application of that knowledge and experience in my professional practice. In an attempt to structure this paper I found …


School Of Kinesiology And Recreation Newsletter, Vol. 8, Fall 2004, Illinois State University, School Of Kinesiology And Recreation Oct 2004

School Of Kinesiology And Recreation Newsletter, Vol. 8, Fall 2004, Illinois State University, School Of Kinesiology And Recreation

School of Kinesiology and Recreation Newsletter

Newsletter of the School of Kinesiology and Recreation


Assessing The Barriers To Universal Antiretroviral Treatment Access For Hiv/Aids In South Africa, Mary Beth Walker Oct 2004

Assessing The Barriers To Universal Antiretroviral Treatment Access For Hiv/Aids In South Africa, Mary Beth Walker

Duke Journal of Comparative & International Law

No abstract provided.


Strong Medicine For Competition Ills: The Judgment Of The European Court Of Justice In The Ims Health Action And Its Implications For Microsoft Corporation, Donna M. Gitter Oct 2004

Strong Medicine For Competition Ills: The Judgment Of The European Court Of Justice In The Ims Health Action And Its Implications For Microsoft Corporation, Donna M. Gitter

Duke Journal of Comparative & International Law

No abstract provided.


Balancing A Colonial Past With A Multicultural Future: Maori Customary Title In The Foreshore And Seabed After Ngati Apa, Christian N. Siewers Jr. Oct 2004

Balancing A Colonial Past With A Multicultural Future: Maori Customary Title In The Foreshore And Seabed After Ngati Apa, Christian N. Siewers Jr.

North Carolina Journal of International Law

No abstract provided.


Managing Oil Revenues For Socio-Economic Development In Nigeria: The Case For Community-Based Trust Funds, Emeka Duruigbo Oct 2004

Managing Oil Revenues For Socio-Economic Development In Nigeria: The Case For Community-Based Trust Funds, Emeka Duruigbo

North Carolina Journal of International Law

No abstract provided.


The Paradox Of Promoting Creativity In The Asian Classroom: An Empirical Investigation, Aik Kwang Ng, Ian Smith Oct 2004

The Paradox Of Promoting Creativity In The Asian Classroom: An Empirical Investigation, Aik Kwang Ng, Ian Smith

Research Collection School of Social Sciences

To shed light on the paradox of promoting creativity in the Asian classroom, the authors conducted 3 studies. The 1st study found that novice teachers classified student behaviors as desirable but uncreative (DBU) versus creative but undesirable (CBU). The 2nd study found that conservative-autocratic teachers were more likely to encourage DBU behaviors in class, whereas liberal-democratic teachers were more likely to encourage CBU behaviors in class. The 3rd study found that cultural individualism—collectivism had a positive impact on liberal—democratic teaching attitude but a negative impact on conservative—autocratic teaching attitude. In turn, liberal—democratic teaching attitude had a positive impact on the …


An Unashamed Majoritarian, James Allan Oct 2004

An Unashamed Majoritarian, James Allan

Dalhousie Law Journal

The author a Canadian teaching in Australia, challenges what he regards as the prevailing Canadian orthodoxy, one that he thinks gives the unelected judiciary too much power. He challenges the perception that rights, however understood and though fully supported, necessitate the construction of anti-majoritarian protections such as the Canadian Charter of Rights and Freedoms. Knowing that the Charter is here to stay he concludes by urging judges to adopt methods of interpretation that build in a much greater degree of deference to the legislature.


"Fictual" Reportage And (Virtual) Reality: Truman Capote's In Cold Blood And Norman Mailer's The Executioner's Song, Rania M. Mahmoud Oct 2004

"Fictual" Reportage And (Virtual) Reality: Truman Capote's In Cold Blood And Norman Mailer's The Executioner's Song, Rania M. Mahmoud

English Theses & Dissertations

This study discusses Truman Capote's In Cold Blood and Norman Mailer's The Executioner's Song. using Jean Baudrillard's theory of the four stages of the image and John Hellmann's notion of the transforming power of consciousness. Examining two landmarks of what is widely referred to as the nonfiction novel, or creative nonfiction, the study suggests that any attempt to record reality ends up as fabulation, whereby the writer produces his/her own version of reality. Thus, we have multiple realities or, in other words, fables woven out of the interpretive consciousness of individual writers. Taking this a step further, since all our …


Significant Crustal Thinning Beneath The Baikal Rift Zone: New Constraints From Receiver Function Analysis, Stephen S. Gao, Kelly H. Liu, Chizheng Chen Oct 2004

Significant Crustal Thinning Beneath The Baikal Rift Zone: New Constraints From Receiver Function Analysis, Stephen S. Gao, Kelly H. Liu, Chizheng Chen

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

Thinning of the crust of more than 10 km is a major feature of typical continental rifts such as the East African (EAR) and Rio Grande (RGR) rifts. However, numerous previous studies across the Baikal rift zone (BRZ), which has similar surface expressions and tectonic history, and more active seismicity relative to EAR and RGR, have resulted in contradicting amount of thinning, ranging from almost none to more than 10 km. We measure crustal thickness by stacking teleseismic receiver functions beneath 51 sites on the southern and central parts of the BRZ and adjacent Siberian Platform and Sayan-Baikal-Mongolian Foldbelt. Our …


The Contribution Of A Satellite Market To Price Discovery: Evidence From The Singapore Exchange, Vicentiu Covrig, David K. Ding, Buen Sin Low Oct 2004

The Contribution Of A Satellite Market To Price Discovery: Evidence From The Singapore Exchange, Vicentiu Covrig, David K. Ding, Buen Sin Low

Research Collection Lee Kong Chian School Of Business

The Singapore Exchange (SGX), a small satellite market, successfully competes with a large home market, the Osaka Securities Exchange (OSE), in trading the Nikkei 225 futures index. In this paper, we investigate the contribution of the SGX to price discovery and shed light on the reasons for its continued success. Evidence is provided from information revelation and price discovery of three competing but informationally linked markets of the Nikkei 225 index - domestic spot (Tokyo Stock Exchange), domestic futures (OSE), and foreign futures (SGX), which represents the satellite market. Overall, the futures market contributes 77% to price discovery, with the …