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2004

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Bankruptcy, James D. Walker Jr., Amber Nickell Jul 2004

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

Since last year's article, the courts in the Eleventh Circuit have issued-with a few exceptions-mostly routine bankruptcy opinions. The United States Supreme Court, however, has been very busy, deciding six bankruptcy-related cases. It makes sense to begin with one of the most anticipated of those opinions.


Georgia's Children On Our Minds..., Nicole Sheppe Jul 2004

Georgia's Children On Our Minds..., Nicole Sheppe

Mercer Law Review

Although there is not a published opinion addressing same-sex couple adoption in Georgia, it is currently a hot issue in many state courts and, most recently, in the Eleventh Circuit. On January 28, 2004, a unanimous three-judge panel of the Eleventh Circuit Court of Appeals declined to extend the reasoning of Lawrence v. Texas to adoptions by homosexual couples. Specifically, in Lofton v. Secretary of the Department of Children & Family Services, the Eleventh Circuit upheld a Florida statute prohibiting homosexuals from adopting children.

The 1977 Florida statute at issue in Lofton is unique because it provides for an …


Issue 5, Summer 2004, Imagining America Jul 2004

Issue 5, Summer 2004, Imagining America

Newsletters - Imagining America

Highlights of Issue #5 (Summer 2004) include: a director’s column introducing tenure and promotion as a public matter; and a feature article on campus-community partnerships at University of Pennsylvania, Haverford College, Lafayette College, and Bucknell University.


Death With Dignity In Montana, James E. Dallner, D. Scott Manning Jul 2004

Death With Dignity In Montana, James E. Dallner, D. Scott Manning

Montana Law Review

Death with Dignity in Montana


A Cost Effective Approach To Taxonomic Resolution For Bioassessment And Monitoring Programs In The State Of Georgia, Jodi Alene Williams Jul 2004

A Cost Effective Approach To Taxonomic Resolution For Bioassessment And Monitoring Programs In The State Of Georgia, Jodi Alene Williams

Theses and Dissertations

The Georgia Ecoregions Reference Sites Project has developed biological criteria for streams in Georgia according to the Rapid Bioassessment Protocols For Wadeable Streams and Rivers. Streams will ultimately be classified into categories of impairment so that management decisions can be made in accordance with the Clean Water Act. A cost-effective approach to accomplish mandates set forth by the Clean Water Act must be employed, as state budgets are limited. One means of examining costs is to assess taxonomic resolution. Taxonomic resolution not only assesses the sensitivity of biocriteria, it also allows one to make recommendations to state agencies regarding the …


Universal Coverage And The American Health Care System Crisis (Again), Rick Mayes Jul 2004

Universal Coverage And The American Health Care System Crisis (Again), Rick Mayes

Political Science Faculty Publications

Ten years after President Clinton’s ambitious attempt at comprehensive health care reform died, several old and new issues with the health care system have emerged. First, the number of uninsured Americans rose to 43.6 million in 2002—and the numbers have since increased. Also, the costs for those who do not have insurance are rapidly increasing. In addition health care related problems are one of the leading causes of personal bankruptcy in the United States. Finally, the government’s two primary health insurance programs—Medicare and Medicaid—are experiencing considerable financial strain. Dr. Mayes examines these problems in depth before and revisits President Clinton’s …


The Constitutionality Of The Filibuster, Michael J. Gerhardt Jul 2004

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Politics Of Embryonic Discourse, Kevin Quinn Jul 2004

Politics Of Embryonic Discourse, Kevin Quinn

Faculty Publications

In our brave new world of stem cells, clones, and parthenotes, how should we talk about early human embryos? In fashioning a response to this very thorny question, Ann Kiessling has a core message. It is: (1)that new science produces "new" conceptuses;(2) that science and scientists have failed to differentiate (with appropriate clarity) these new ex vivo conceptuses from those createdin vivo; (3) that new, more appropriate and scientifically-informed, terms are necessary; and (4) that this new language should transform the public discourse about human embryos. No one would deny that the subtleties of human embryology are neglected in public …


Work And Retirement Plans Among Older Americans, Katharine G. Abraham, Susan N. Houseman Jul 2004

Work And Retirement Plans Among Older Americans, Katharine G. Abraham, Susan N. Houseman

Upjohn Institute Working Papers

We compare older workers' plans for work and retirement with their subsequent work and retirement outcomes using panel data from the Health and Retirement Study. Among those with retirement plans, about half indicate they would like to cut back on their work hours or otherwise change the type of work they do prior to, or instead of, fully retiring. Yet, the fraction that follows through on these alternative plans is dramatically lower than the fraction that realizes plans to stop working. Our analysis shows that individuals who likely would need to change jobs in order to reduce their work hours …


United Nations Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights: The International Community Asserts Binding Law On The Global Rule Makers, Juli Campagna Jul 2004

United Nations Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights: The International Community Asserts Binding Law On The Global Rule Makers, Juli Campagna

Hofstra Law Faculty Scholarship

Last August, the United Nations ("UN") issued legally binding draft Norms obligating transnational corporations and other business entities to respect, protect and fulfill human rights within their respective spheres.

The international business community objects to the Norms and claims that compliance with international human rights law should be by choice and only applicable to the extent it desires. Moreover, the community asserts that nation states, not the UN, should enforce human rights. It is wrong on all accounts.


Liability For Life, Carl E. Schneider Jul 2004

Liability For Life, Carl E. Schneider

Articles

Marshall Klavan headed the Obstetrics and Gynecology Department of the Crozer-Chester Medical Center. He deeply feared strokes, perhaps because his father had been savaged by one. In 1993, Dr. Klavan wrote an advance directive which said that (as a court later put it) "he 'absolutely did not want any extraordinary care measures utilized by health care providers.'" On April29, 1997, Dr. Klavan tried to kill himsel£ He left suicide notes and a note refusing resuscitation. The next morning, medical center employees found him unconscious and took him to the emergency room, where he was resuscitated. By May 2, Dr. Klavan …


Gamma-Hydroxybutyrate (Ghb) And Its Derivatives:A New And Novel Neuroactive Drug Of Abuse, Krisda Sirampuj Jul 2004

Gamma-Hydroxybutyrate (Ghb) And Its Derivatives:A New And Novel Neuroactive Drug Of Abuse, Krisda Sirampuj

Chulalongkorn Medical Journal

No abstract provided.


Can Professional Development Programs Help Close The Achievement Gap?, C. Jayne Brahler Jul 2004

Can Professional Development Programs Help Close The Achievement Gap?, C. Jayne Brahler

Health and Sport Science Faculty Publications

This paper explores the question of whether it is possible to design professional development programs for teachers that can significantly improve student test results and reduce the achievement gap for students.

The Dayton (Ohio) Foundation and the Montgomery County (Ohio) Educational Service Center, sponsors of The Miami Valley Teacher/Leadership Academy, answer this question with a resounding yes. Recent results indicate that the academy's two-year program, designed to provide professional development to help improve student test scores, not only succeeded in significantly improving the student proficiency mean score, but also considerably reduced the achievement gap for participating students.

This paper includes …


Declare Victory And Go Home: The Practical Ramifications Of The Seventh Circuit's Interpretation Of Missouri V. Jenkins In School Desegregation Cases, Michael Mahoney, Scott R. Paccagnini Jul 2004

Declare Victory And Go Home: The Practical Ramifications Of The Seventh Circuit's Interpretation Of Missouri V. Jenkins In School Desegregation Cases, Michael Mahoney, Scott R. Paccagnini

Northern Illinois University Law Review

The landscape of school desegregation cases has changed. While all indications from the Seventh Circuit seem to point to an end to school desegregation, such a presumption is unrealistic. Rather, from a practical standpoint, what should be taken from the Seventh Circuit's interpretation of Jenkins is not that school desegregation cases are a thing of the past but that the manner in which they are approached has changed. This article suggests that practically speaking, a date for compliance with desegregation orders should be set at the remedial stage of the litigation before another court arbitrarily imposes one.


Universities And Other Institutions Of Higher Learning Recent Developments In The Law Jul 2004

Universities And Other Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Thinking Outside The Box: Considering Transparency, Anonymity, And Pseudonymity As Overall Solutions To The Problems Of Information Privacy In The Internet Society, Tal Z. Zarsky Jul 2004

Thinking Outside The Box: Considering Transparency, Anonymity, And Pseudonymity As Overall Solutions To The Problems Of Information Privacy In The Internet Society, Tal Z. Zarsky

University of Miami Law Review

No abstract provided.


United States Accounting Standards - Rules Or Principles? The Devil Is Not In The Details, Matthew A. Melone Jul 2004

United States Accounting Standards - Rules Or Principles? The Devil Is Not In The Details, Matthew A. Melone

University of Miami Law Review

No abstract provided.


Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law, Joshua D. Rosenberg Jul 2004

Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law, Joshua D. Rosenberg

University of Miami Law Review

No abstract provided.


Occupational Self-Direction, Intellectual Functioning, And Self-Directed Orientation In Older Workers: Findings And Implications For Individuals And Societies, Gary Oates, Carmi Schooler, Mesfin Samuel Mulatu Jul 2004

Occupational Self-Direction, Intellectual Functioning, And Self-Directed Orientation In Older Workers: Findings And Implications For Individuals And Societies, Gary Oates, Carmi Schooler, Mesfin Samuel Mulatu

Sociology Faculty Publications

Using data from 1994-95 third-wave interviews, this study tests whether Kohn and Schooler's findings ( based on 1964 and 1974 interviews) that self-directed occupational conditions increase intellectual functioning and self-directed orientations hold when the respondents are 20 years older. Results confirm that even late in life self-directedness of work continues to affect intellectual functioning and self-directedness of orientation. These psychological characteristics, in turn, affect social-structural position in ways that increase disparities between the advantaged and disadvantaged. From a historical and societal perspective, the findings suggest that the occupational self-directedness of a society's workers may affect its social norms, values, and …


Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright Jul 2004

Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright

Buffalo Law Review

No abstract provided.


The State Of American Federalism, 2003-2004: Polarized Politics And Federalist Principles, Dale Krane Jul 2004

The State Of American Federalism, 2003-2004: Polarized Politics And Federalist Principles, Dale Krane

Public Administration Faculty Publications

By Bush's third year in office, the nation was embroiled in three wars overseas and a political war at home. The progress made toward a functioning Iraqi government was eclipsed by violent resistance and by administrative scandals. The 9/11 Commission hearings uncovered “missed opportunities” in intelligence and repudiated the two principal reasons for the invasion of Iraq. Slow job growth, rising prices for energy and health care, and fears over outsourcing dragged the president's approval ratings to new lows. Senator John Kerry emerged from a large group of Democrats to become the party's putative nominee, and both he and the …


Reconstructing The Plain Language Rule Of Statutory Construction: How And Why, Maxine D. Goodman Jul 2004

Reconstructing The Plain Language Rule Of Statutory Construction: How And Why, Maxine D. Goodman

Montana Law Review

Reconstructing the Plain Language Rule of Statutory Construction


The Flame, Summer 2004, Mennonite College Of Nursing Jul 2004

The Flame, Summer 2004, Mennonite College Of Nursing

The Flame (1985-present)

The Flame is a newsletter of Illinois State University's Mennonite College of Nursing


The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler Jul 2004

The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler

Cardozo Journal of International and Comparative Law

Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that …


China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan Jul 2004

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.


Aspirational Law, Philip Harvey Jul 2004

Aspirational Law, Philip Harvey

Buffalo Law Review

No abstract provided.


A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl Jul 2004

A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl

Buffalo Law Review

No abstract provided.


Charity Begins In Washington, D. C., Edward L. Rubin Jul 2004

Charity Begins In Washington, D. C., Edward L. Rubin

Buffalo Law Review

No abstract provided.


From High In The Paper Tower, An Essay On Von Humboldt's University, John Henry Schlegel Jul 2004

From High In The Paper Tower, An Essay On Von Humboldt's University, John Henry Schlegel

Buffalo Law Review

No abstract provided.


Staff Country Reports: Indonesia: Selected Items, International Monetary Fund (Imf) Jul 2004

Staff Country Reports: Indonesia: Selected Items, International Monetary Fund (Imf)

Documents

https://www.imf.org/external/pubs/ft/scr/2004/cr04189.pdf