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2004

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I'Ve Done My Job : Elderly North Dakotans Talk About Right Living, John J. Weber Jan 2004

I'Ve Done My Job : Elderly North Dakotans Talk About Right Living, John J. Weber

Theses and Dissertations

No abstract provided.


The Effect Of Diphenhydramine On Central Auditory Processing In University Of North Dakota Students, January L. Stevenson Jan 2004

The Effect Of Diphenhydramine On Central Auditory Processing In University Of North Dakota Students, January L. Stevenson

Theses and Dissertations

No abstract provided.


Acer 2003-2004 Annual Report, Australian Council For Educational Research (Acer) Jan 2004

Acer 2003-2004 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.


Trips-Round Ii: Should Users Strike Back?, Rochelle Cooper Dreyfuss Jan 2004

Trips-Round Ii: Should Users Strike Back?, Rochelle Cooper Dreyfuss

University of Chicago Law Review

No abstract provided.


The Assault On Pharmaceutical Intellectual Property, Bruce N. Kuhlik Jan 2004

The Assault On Pharmaceutical Intellectual Property, Bruce N. Kuhlik

University of Chicago Law Review

Pharmaceutical research and development is a lengthy, risky, and expensive enterprise. The industry depends uniquely on patent and trade secret protections to support its investments in innovative activities. However, recent legislative and regulatory developments threaten the value of pharmaceutical intellectual property in two distinct respects. First, patent and related protections are being restricted, and effective enforcement of these rights is being made increasingly difficult. Second, price controls and similar initiatives are interfering with market-based returns during the limited period in which patent rights are in force. This Essay describes the importance of intellectual property rights to the pharmaceutical industry, reviews …


Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson Jan 2004

Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson

University of Chicago Law Review

Differences in national intellectual property rules may cause economic activity to shift from one jurisdiction to another so that a higher-protection rule will be undermined by lower-protection rules of other jurisdictions. This Essay illustrates this with four examples: different rules on the enforceability of anti-reverse engineering clauses of software licenses, the protectability of bio-engineered research tools, peer-to-peer file sharing, and exceptions to anticircumvention rules. It considers several options nations may have to respond to such intellectual property arbitrage, none of which is likely to be very effective.


Executive Compensation Reform And The Limits Of Tax Policy, Michael Doran Jan 2004

Executive Compensation Reform And The Limits Of Tax Policy, Michael Doran

Georgetown Law Faculty Publications and Other Works

The American Jobs Creation Act of 2004 includes a major attempt to reform the tax rules for deferred compensation arrangements covering corporate managers. This paper examines the tax policy and corporate-governance policy objectives of the reform effort, explores the shortcomings of the legislation, and outlines a different approach for future executive compensation reform.


Preventing Club Lamb Fungus, Bill Epperson Jan 2004

Preventing Club Lamb Fungus, Bill Epperson

SDSU Extension Extra Archives

“Club Lamb Fungus” is a disease caused by a fungus (Trichophyton) that infects the skin, resulting in circular scabby or dandruffy ringworm lesions. The fungus is able to live a long time in the environment on halters, shearing equipment, and sheep contact surfaces. Club Lamb Fungus has become prevalent in show lambs. It can infect any sheep, but show lambs are particularly susceptible. Because it is contagious from lamb to lamb and because people can get the disease, it has become an important disease to watch for in show lambs.


A Nun's Life : Barking Abbey In The Late-Medieval And Early Modern Periods, Teresa L. Barnes Jan 2004

A Nun's Life : Barking Abbey In The Late-Medieval And Early Modern Periods, Teresa L. Barnes

Dissertations and Theses

The purpose of this project is to gain an understanding of the daily lives of nuns in an English nunnery by examining a particular prominent abbey. This study also attempts to update the history of the abbey by incorporating methods and theories used by recent historians of women's monasticism, as well as recent archaeological evidence found at the abbey site. By including specific examinations of Barking Abbey's last nuns, as well as the nuns' artistic and cultural pursuits, this thesis expands the scholarship of the abbey's history into areas previously unexplored. This thesis begins with a look at the nuns …


Pandemic Influenza: Public Health Preparedness For The Next Global Health Emergency, Lawrence O. Gostin Jan 2004

Pandemic Influenza: Public Health Preparedness For The Next Global Health Emergency, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Severe Acute Respiratory Syndrome (SARS) garnered a great deal of public attention because it was novel and its potential for spread was unknown. However, the SARS corona virus is significantly less virulent than pandemic influenza viral infections. The annual number of deaths for seasonal influenza is 36,000 people in the United States and 250,000- 500,000 worldwide. However, highly pathogenic influenza pandemics have occurred roughly 2-3 times per century, causing untold morbidity and mortality. The Spanish influenza pandemic of 1918 was believed to have caused over 20 million deaths in a world less than one-third the size of the current global …


Characterization And Expression Analysis Of The Bartonella Bacilliformis Groes-El Operon, Julie A. Callison Jan 2004

Characterization And Expression Analysis Of The Bartonella Bacilliformis Groes-El Operon, Julie A. Callison

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Commercial Guiding| An Exploratory Study Of The Roles Of Guides And Their Relationship With The Customer Experience, Christine Oschell Jan 2004

Commercial Guiding| An Exploratory Study Of The Roles Of Guides And Their Relationship With The Customer Experience, Christine Oschell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Evaluation Of Montana's Hiv Prevention Community Planning Process, Megan Marie Woltring Jan 2004

Evaluation Of Montana's Hiv Prevention Community Planning Process, Megan Marie Woltring

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons Jan 2004

Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Legitimate Public Participation In Controversial Situations| Questions From The Burned Area Recovery Project On The Bitterroot National Forest, Alexander E. Dunn Jan 2004

Legitimate Public Participation In Controversial Situations| Questions From The Burned Area Recovery Project On The Bitterroot National Forest, Alexander E. Dunn

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


"Just Do It!"| A Rhetorical Criticism Of Nike's "Hero" Advertising Campaign For Women, Jennifer Joi Lewis Jan 2004

"Just Do It!"| A Rhetorical Criticism Of Nike's "Hero" Advertising Campaign For Women, Jennifer Joi Lewis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Mental Imagery For Whitewater Rafters, Craig C. Myers Jan 2004

Mental Imagery For Whitewater Rafters, Craig C. Myers

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Native Expression| Teaching Strategies & Visual Art Of The Fort Peck Reservation, Teresa Christine Heil Jan 2004

Native Expression| Teaching Strategies & Visual Art Of The Fort Peck Reservation, Teresa Christine Heil

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Powder River Country, Marianne Zugel Jan 2004

Powder River Country, Marianne Zugel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Violence, Mental Health, And Physical Symptoms In An Academic Internal Medicine Practice, Christina Nicolaidis, Maryann Curry, Bentson H. Mcfarland, Martha Gerrity Jan 2004

Violence, Mental Health, And Physical Symptoms In An Academic Internal Medicine Practice, Christina Nicolaidis, Maryann Curry, Bentson H. Mcfarland, Martha Gerrity

School of Social Work Faculty Publications and Presentations

OBJECTIVE: To assess how physical and/or sexual intimate partner violence (IPV), child abuse, and community violence relate to long-term mental and physical problems; to examine the overlap between different forms of violence and the impact of experiencing multiple forms of violence.

DESIGN: Cross-sectional survey.

SETTING: Three general internal medicine practices affiliated with an academic medical center.

PARTICIPANTS: English-speaking women aged 25 to 60.

MEASUREMENTS: Telephone or in-person interview and chart review.

RESULTS: One hundred seventy-four women completed interviews. A majority of participants experienced more than one form of violence. In separate multivariate analyses, each form of violence was associated with …


The Effects Of Environmentally Relevant Doses Of Perchlorate (Clo4-) On Rana Pipiens Metamorphosis And Development, Andrea N. Golli Jan 2004

The Effects Of Environmentally Relevant Doses Of Perchlorate (Clo4-) On Rana Pipiens Metamorphosis And Development, Andrea N. Golli

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to assess the effects of environmentally relevant concentrations of perchlorate on the development and growth of Rana pipiens. Ammonium perchlorate is a rocket fuel oxidizer that is known to interfere with the function of the thyroid gland and some of the highest United States surface water concentration exists in the Las Vegas Wash, NV. Perchlorate not only blocks the body’s ability to incorporate iodine into T3 and T4 hormones through the sodium iodine symporter system, but also depletes the thyroid glands’ internal stores of iodine. Many of the steps that regulate metamorphosis in amphibians …


Getting Spending: How To Replace Clear Statement Rules With Clear Thinking About Conditional Grants Of Federal Funds, Brian Galle Jan 2004

Getting Spending: How To Replace Clear Statement Rules With Clear Thinking About Conditional Grants Of Federal Funds, Brian Galle

Georgetown Law Faculty Publications and Other Works

How much federalism is too much? The answer, of course, depends on whom you ask. It is no surprise, then, that in both judicial and academic debates about the proper balance between national and local power, the fiercest arguments have been fought not over "how much?" (perhaps an impossible question in any event) but "who?" Thus, for each key aspect of national power-for example, the scope of the Commerce and Treaty powers, the Tenth and Fourteenth Amendments, and Congress's ability to subject states to suits for damages by private individuals -- there is an accompanying literature considering who best to …


Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal Jan 2004

Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court in Rasul v. Bush and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens' majority opinion held that "the federal courts have jurisdiction to determine the legality of the Executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing." This holding is potentially unbounded, perhaps enabling someone detained at Kandahar or even Diego Garcia to challenge his detention via the great writ. It appears to be a striking break from the 1950 Johnson v. Eisentrager decision, which strongly intimated that …


The Implementation Of Fda Determinations In Litigation - Why Do We Defer To The Pto But Not To The Fda?, William G. Childs Jan 2004

The Implementation Of Fda Determinations In Litigation - Why Do We Defer To The Pto But Not To The Fda?, William G. Childs

Faculty Scholarship

This Article examines the possible inequity of the treatment of licensees' rights in tort litigation in comparison to patent rights in patent litigation. In particular, this Article presents the presumptions afforded from issued patents as a valid model for the proper treatment of FDA approval in litigation. Presently, most academic discussion proposes either preclusion of tort claims or leaving the system more or less as it stands. This Article, on the other hand, proposes a middle ground.

This Article begins by examining the differences between the USPTO and the FDA. In particular, the quantity and quality of the review provided …


Aboilishing The Texas Jury Shuffle., Michael M. Gallgher Jan 2004

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …


School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii Jan 2004

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …


Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood Jan 2004

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …


Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton Jan 2004

Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton

St. Mary's Law Journal

This Article describes the present state of roadway police power and explores the vulnerability of drivers and occupants to police abuse, specifically using pretextual stops. Today, state and federal courts have made many police power accommodations to the constitutional reasonableness requirement. Current Fourth Amendment jurisprudence justifies almost all conceivable police seizures of people in vehicles. If the police officer can point out any traffic law violation, he can arrest. And if he can arrest under those circumstances, then the already blurred line between detentions and arrest becomes inconsequential, constitutionally speaking. This Article proposes that the Texas Court of Criminal Appeals …


United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders Jan 2004

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …


Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez Jan 2004

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …