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2004

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Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning Jan 2004

Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny …

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The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable Jan 2004

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Georgetown Law Faculty Publications and Other Works

This Article examines the human rights of persons with mental disabilities and the application and development of these rights by the various international and regional systems that have been established to protect human rights. An international system of human rights with universal application has been developed under the auspices of the United Nations. Regional human rights systems have applied additional human rights protections to their respective geographic regions. Both the international and regional systems have addressed the human rights of persons with mental disabilities through treaties, declarations, and thematic resolutions. Moreover, regional institutions have incrementally formulated a body of law …

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Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter Jan 2004

Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay.

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Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh Jan 2004

Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

An-Na'im as I read him is postulating a process theory when it comes to the relationship of Islamic law to international law. He is advocating a bargaining relationship in which the Islamic side and the international side meet as equals in negotiating their contributions to the universal international. This process-based equality can only be achieved if, first, the international eschews its We sternness and the Islamic retains its internal sense of diversity, indeed secularism. The international abandons its Westernness when it abandons its pre-World War II impulse to colonize, imperialize, and hegemonize, acts which at heart render equality in the …

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Bs News Jan 2004

Bs News

Building Services Engineering

No abstract provided.

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An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes Jan 2004

An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes

Evaluation/Reflection

Service learning is a pedagogy providing a structured environment for students to link service with course learning objectives. Key to the service learning experience is critical reflection. This gives students the opportunity to examine their coursework in the context of the service they provide to their community and, in a broader sense, the impact they can have on the world. Research has shown that students participating in service learning have a higher comprehension of the course material and also develop an awareness of their local community and the issues it faces. In engineering, there are many examples of service-learning programs …

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Reversible Obstructive Sleep Apnea And Right Heart Failure Due To Massive Tonsillar Hypertrophy, Mehnaz Atiq, Fatima Masood, Mubasher Ikram, Raana Haqqee Jan 2004

Reversible Obstructive Sleep Apnea And Right Heart Failure Due To Massive Tonsillar Hypertrophy, Mehnaz Atiq, Fatima Masood, Mubasher Ikram, Raana Haqqee

Section of Otolaryngology, Head & Neck Surgery

Obstructive sleep apnea is a relatively common but under diagnosed clinical entity in children. Adenotonsillar hypertrophy is the most common cause for upper airway obstruction in pediatric patients. If the obstruction to upper airways is not relieved, then the child can develop obstructive sleep apnea and its consequences. Treatment is simply to remove the obstruction thereby restoring patency of upper airways

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The Curves Community : An Analysis Of Women's Communication And Interaction At A Fitness Center, Ivy L. Arnesen Jan 2004

The Curves Community : An Analysis Of Women's Communication And Interaction At A Fitness Center, Ivy L. Arnesen

Theses and Dissertations

No abstract provided.

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The Effects Of Appropriate And Inappropriate Context On Proverb Interpretation, Jason W. Douglas Jan 2004

The Effects Of Appropriate And Inappropriate Context On Proverb Interpretation, Jason W. Douglas

Theses and Dissertations

No abstract provided.

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Guam's Competitive Economic Advantage : The Impact Of The United States Military Presence And Japanese Tourism, Scott B. Dubsky Jan 2004

Guam's Competitive Economic Advantage : The Impact Of The United States Military Presence And Japanese Tourism, Scott B. Dubsky

Theses and Dissertations

No abstract provided.

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The Efficacy Of Palivizumab Prophylaxis On Respiratory Syncytial Virus Hospitalization, Elizabeth A. Ankeny Jan 2004

The Efficacy Of Palivizumab Prophylaxis On Respiratory Syncytial Virus Hospitalization, Elizabeth A. Ankeny

Theses and Dissertations

No abstract provided.

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Investigating The Relationship Between Drive For Thinness, Drive For Muscularity, Disordered Eating, And Exercise Behaviors, Annamarie A. Carlson Jan 2004

Investigating The Relationship Between Drive For Thinness, Drive For Muscularity, Disordered Eating, And Exercise Behaviors, Annamarie A. Carlson

Theses and Dissertations

No abstract provided.

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Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen Jan 2004

Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen

Fordham International Law Journal

Events since Arthur Helton's death - including the change in leadership of the Palestinian Authority and the Israeli proposal for disengagement from Gaza make it even timelier to examine some "practical solutions." For improving Palestinian lives in the short term, much can be learned from the approaches taken in other refugee situations. This Article begins with background information on Palestinian refugees in Gaza. It then discusses Israeli plans for disengagement from Gaza. In the following section, the Article reviews options for addressing the problems faced by Palestinian refugees in Gaza, utilizing the broader literature devoted to the integration of refugees …

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Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm Jan 2004

Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The central theme of this Essay is that both individuals in need of protection and governments obliged to grant protection to those in need generally hold the eventual return of citizens to their countries of origin to be the ideal scenario. However, this ideal cannot always come to fruition -- not only due to circumstances in the country of origin, but also as an unintended consequence of policy decisions taken by governments concerning the protection of refugees (or indeed internally displaced persons ("IDPs")) and the reactions of individuals to the outcomes of those policy decisions. Return, it will be suggested, …

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Mercosur, The Free Trade Area Of The Americas And The Future Of U.S. Hegemony In Latin America, Mario E. Carranza Jan 2004

Mercosur, The Free Trade Area Of The Americas And The Future Of U.S. Hegemony In Latin America, Mario E. Carranza

Fordham International Law Journal

No abstract provided.

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Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston Jan 2004

Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston

Fordham International Law Journal

No abstract provided.

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Opportunities And Challenges: The Caribbean Involvement In Free Trade Area Ofthe Americas, Myrtle D. Bishop, Samuel J. Chandler Jan 2004

Opportunities And Challenges: The Caribbean Involvement In Free Trade Area Ofthe Americas, Myrtle D. Bishop, Samuel J. Chandler

Fordham International Law Journal

No abstract provided.

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Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly Jan 2004

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

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War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs Jan 2004

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …

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Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport Jan 2004

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

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The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne Jan 2004

The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne

Fordham International Law Journal

This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …

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Article 82: Remedies In Search Of Theories?, Ian S. Forrester Jan 2004

Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion Jan 2004

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer Jan 2004

Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer

Fordham International Law Journal

The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …

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Biological Implications Of Surrounding Land-Use On Wetland Health : A Conservation Agriculture Analysis, Gregory W. Meyer Jan 2004

Biological Implications Of Surrounding Land-Use On Wetland Health : A Conservation Agriculture Analysis, Gregory W. Meyer

Theses and Dissertations

No abstract provided.

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Effect Of Two Different Exercise Modalities On The Components Of The Metabolic Syndrome, Heather R. Thompson Jan 2004

Effect Of Two Different Exercise Modalities On The Components Of The Metabolic Syndrome, Heather R. Thompson

Theses and Dissertations

No abstract provided.

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A Place To Call Home : A Look At College Students And Online Community, Megan N. Tollefson Jan 2004

A Place To Call Home : A Look At College Students And Online Community, Megan N. Tollefson

Theses and Dissertations

No abstract provided.

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The Sources Of Coaching Efficacy Among Female Women's Softball Coaches, Kari Tuton Jan 2004

The Sources Of Coaching Efficacy Among Female Women's Softball Coaches, Kari Tuton

Theses and Dissertations

No abstract provided.

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A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush Jan 2004

A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush

Theses and Dissertations

No abstract provided.

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The Meaning Of Tribal Sovereighty Among Members Of A South Dakota Sioux Tribe, Rae Ann Red Owl Jan 2004

The Meaning Of Tribal Sovereighty Among Members Of A South Dakota Sioux Tribe, Rae Ann Red Owl

Theses and Dissertations

No abstract provided.

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