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2004

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Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett Jan 2004

Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett

Washington International Law Journal

In December of 2002, the High Court of Australia issued its decision in Dow Jones & Co. v. Gutnick, holding that Dow Jones could be haled into court in Australia for the publication of defamatory material on the Internet. This decision was surprising because the material in question was published in the United States on Dow Jones's New Jersey web servers. This decision makes Australia the only country that allows an action against a foreign defendant based solely on an Internet download in that country. However, the structure of the Gutnick opinion may open the door for other countries …

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The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona Jan 2004

The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona

Washington International Law Journal

On his first day in office, U.S. President George W. Bush reinstated a policy that restricts United States Agency for International Development funding of foreign non-governmental organizations. A year and a half later, President Bush attracted media attention by rejecting funding commitments to the United Nations Population Fund ("UNFPA") based on its alleged involvement with the People's Republic of China ("PRC"). The PRC, in an effort to curb rampant population growth, has adopted a one child per couple policy. This policy has, in some cases, led to the use of coercive family planning practices such as forced abortion and sterilization. …

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Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada Jan 2004

Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada

Washington International Law Journal

The United States currently confronts a severe increase in medical costs and a simultaneous decrease in the availability of health care services. A nearly identical situation recently emerged in the Commonwealth of Australia. This phenomenon, often labeled the "medical malpractice crisis," results in part from an increasing litigious trend spurred on by the appeal of potentially enormous damage awards. More lawsuits filed and increased award amounts raise the liability of health care providers and generate uncertainty in the medical malpractice insurance market. This in turn drives up the costs of insurance policy premiums and ultimately forces health care providers to …

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Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor Jan 2004

Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor

Articles

Objective. Most research on child abuse in Tanzania and Kenya is unpublished in the international literature. The purpose of this paper is to examine the various commentaries and reports extant, towards an overview of the nature and frequency of child sexual abuse in Tanzania and Kenya. Methods. Contacts were made with academics, government departments, NGOs and UN agencies. This was followed by a field trip in the summer of 2001 where all available reports were examined and a wide range of interviews conducted. Results. Little empirical data exist on child sexual abuse in Tanzania. It is widely perceived that it …

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Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid Jan 2004

Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid

UC Law SF Communications and Entertainment Journal

Music embodies two copyrights: one for the words and notes, and another for the particular sound recording. Copyright law provides for a compulsory license that enables a Webcaster to transmit songs without first negotiating price and permission, provided a royalty fee is paid. A condition for being eligible for the statutory license is compliance with the "sound recording performance complement," which limits the number of songs that may be played during a three-hour period to no more than three songs from one album, and no more than two songs back to back. This Article argues that the "sound recording performance …

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Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo Jan 2004

Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo

UC Law SF Communications and Entertainment Journal

This paper analyzes the transformative use factor in fair use analysis of copyright law. The author argues that, in the changing information environment stimulated by digital information technology, the end user's creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work as found in the lower court cases after Campbell.

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But We Have To Protect Our Source: How Electronic Voting Companies' Proprietary Code Ruins Elections, Andrew Massey Jan 2004

But We Have To Protect Our Source: How Electronic Voting Companies' Proprietary Code Ruins Elections, Andrew Massey

UC Law SF Communications and Entertainment Journal

In the wake of the disastrous 2000 Presidential election, reformers turned to touch-screen electronic voting machines, or DREs, to avoid repeating Florida's experience with endless recounts and hanging chads. As soon as DREs were introduced, however, criticism quickly mounted, focusing on the machines' error-ridden code, inability to perform recounts, and susceptibility to hacking. This note explores how the problems associated with DREs stem directly from their reliance on proprietary source code. This note puts forth the argument that proprietary code place's electronic voting companies' intellectual property rights ahead of the public's need for an accountable and transparent voting system. In …

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The Fight Master, Fall/Winter 2004, Vol. 27 Issue 2, The Society Of American Fight Directors Jan 2004

The Fight Master, Fall/Winter 2004, Vol. 27 Issue 2, The Society Of American Fight Directors

Fight Master Magazine

No abstract provided.

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Evaluation Of Sustainable Yield Of The Barton Springs Segment Of The Edwards Aquifer, Hays And Travis Counties, Central Texas, Brian B. Hunt, Brian A. Smith Jan 2004

Evaluation Of Sustainable Yield Of The Barton Springs Segment Of The Edwards Aquifer, Hays And Travis Counties, Central Texas, Brian B. Hunt, Brian A. Smith

KIP Data Sets and Technical Reports

CONTENTS PREFACE...................................................................................xi EXECUTIVE SUMMARY...............................................................xiii 1.0 INTRODUCTION...........................................................................1 1.1 Purpose and Approach............................................................2 1.2 Concepts and Definitions of Sustainable Yield.................................3 2.0 SETTING.....................................................................................4 2.1 Study Area...........................................................................4 2.2 Previous Aquifer Studies..........................................................4 2.3 Geology..............................................................................6 2.4 Hydrogeology.......................................................................7 2.4.1 Aquifer Boundaries..............................................7 2.4.2 Recharge...........................................................8 2.4.2.1 Surface Recharge........................................8 2.4.2.2 Subsurface Recharge....................................8 2.4.3 Discharge..........................................................9 2.4.3.1 Spring Flow...............................................9 2.4.3.2 Pumpage.................................................10 2.4.4 Groundwater Storage and Flow...............................11 2.4.5 1950's Drought..................................................12 2.4.6 Trinity Aquifer...................................................12 3.0 NUMERICAL GROUNDWATER MODELING.....................................13 3.1 Purpose and Approach of Modeling.............................................13 3.2 Previous Work: 2001 GAM......................................................14 3.2.1 2001 GAM Simulations.................................................16 3.3 Transient-Model Recalibration..................................................16 3.3.1 Water Levels..............................................................17 3.3.2 Spring flow................................................................18 3.3.3 Sensitivity Analyses......................................................19 3.4 Predictions..........................................................................19 3.4.1 Pumping...................................................................19 3.4.2 Impacts to Spring Flow and …

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Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.

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The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.

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Education For A Diverse America: A Summit And Symposium Presidents' Summit, George C. Wright Jan 2004

Education For A Diverse America: A Summit And Symposium Presidents' Summit, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

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Tennessee Folklore Society Bulletin - Volume 60, No. 3, Tennessee Folklore Society Jan 2004

Tennessee Folklore Society Bulletin - Volume 60, No. 3, Tennessee Folklore Society

Tennessee Folklore Society Bulletin

No abstract provided.

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Tennessee Folklore Society Bulletin - Volume 60, No. 4, Tennessee Folklore Society Jan 2004

Tennessee Folklore Society Bulletin - Volume 60, No. 4, Tennessee Folklore Society

Tennessee Folklore Society Bulletin

No abstract provided.

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Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather Jan 2004

Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather

Faculty Publications

The standard justification for the general prohibition against the evaluation of facts by appellate courts centers on those courts' perceived incompetence, relative to trial-level fact finders, to engage in the task. This Article examines that justification and finds it wanting. While trial courts and juries are indeed better-positioned to assess much of what takes place at trial, this advantage is not universal. An appellate court's access to and reliance on a transcript of the proceedings below confers on it certain advantages not only because it aids in information retention, but also because its textual basis allows the court to perform …

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Regulatory Takings Challenges To Historic Preservation Laws After Penn Central, Peter Byrne Jan 2004

Regulatory Takings Challenges To Historic Preservation Laws After Penn Central, Peter Byrne

Fordham Environmental Law Review

No abstract provided.

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Environmental Protection In The Developing World, Samuel Labudde Jan 2004

Environmental Protection In The Developing World, Samuel Labudde

Fordham Environmental Law Review

No abstract provided.

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Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman Jan 2004

Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman

Faculty Publications

American Indian tribes would appear to be natural constituents and beneficiaries of the multiculturalism movement. Their members are generally conceptualized as racial or ethnic minorities; they have endured social and legal oppression and continue to encounter structural and even intentional discrimination; and, not least importantly, they possess genuinely different cultures and consequently add diverse perspectives to society. Despite this apparent fit, this Article questions the extent to which tribes and tribal members actually should align themselves with multicultural proponents and initiatives. The basis for this inquiry is that, unlike other societal subgroups, each recognized tribe is a distinct geopolitical entity …

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Discerning Academic Preparation And Responsibilities Of Division I And Division Iii Athletic Administrators, Carl Seth Evans Jan 2004

Discerning Academic Preparation And Responsibilities Of Division I And Division Iii Athletic Administrators, Carl Seth Evans

UNLV Retrospective Theses & Dissertations

The field of athletic administration has become a complex enterprise within the university setting. The knowledge base from research and literature is relatively scarce. This study provides additional knowledge to the base of information related to the field of athletic administration. The primary objective of this study was to answer the question, what are the academic qualifications and the responsibilities for athletic administrators? The current study involved a survey completed by 137 current athletic administrators at Division I and III institutions. The participants were asked their academic preparation, responsibilities and opinion on what should be appropriate areas of academic preparation. …

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Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.

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Community Involvement - Economics / Governments Jan 2004

Community Involvement - Economics / Governments

Natural Resources and Environmental Issues

Becky Baer: Teenage Parenting: How Much Does it Cost? Lois Hunt: Revenue Generation. David Ivan: Small Town Success Strategies: A Best-Practice Approach to Community and Economic Development. Kevin Laughlin: Ten Attitudes of Extension Practitioners toward Programming with Minority and Low-Income Audiences. Eric Scorsone: Stimulating an Entrepreneurial Culture in Persistent Poverty Counties: The Role of Cooperative Extension Service. Margaret A. Viebrock: Helping Rural Communities Take Action.

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Community Involvement - Education / Leadership Jan 2004

Community Involvement - Education / Leadership

Natural Resources and Environmental Issues

Mary Lou Ador: Building Capacity in Environmental Decision-Making. Nadine S. Fogt: Youth Are the Strongest Link...To Community Service. Sandra P. Hall: Educating Child-Care Providers via Satellite-Meeting a 21st-century Demand: Issues and Evaluation Results. Jane E. Haskell: Doing Business: Community-Involved Radio Programming. Erin Holmes: Partners in Good. Mary F. Longo: Ages and Stages for Child-Care Providers: A Tool for Working with Community Child-Care Providers. Dana Martin: Power of the Press! Utilizing the Media to Promote Your Extension Programs. Jeri P. Marxman: Today's Youth - Tomorrow's Leaders: Understanding Local Government. Bob Peterson: Trivia ... the 4-H Way. Carol J. Schultz: Advisory Boards …

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Youth Education - Curriculum / Education Jan 2004

Youth Education - Curriculum / Education

Natural Resources and Environmental Issues

Mary S. Averbeck: The Top Ten Reasons to Offer Creative Art Experiences to Children. Keith G. Diem: “Break Through” to Kids with Real World Science Fun. Linda K. Early: Teaching Conflict Resolution through Children’s Literature. Barry W. Fox: Curriculum Resources for Environmental & Natural Resource Education. Kevin Heaton: Outdoor Summer Science School. Cynthia Higgins: Learning Can Be Fun with 4-H Game Shows. Joy Jordan: The ABCs of Entomology - A Classroom Adventure! Cindy A. Kinder: 4-H’ers Learn How to Protect Livestock Quality. Mike Knutz: 4-H Program Delivery to Homeschooled Youth. Theresa C. Mayhew: “Give Drinking Water a Hand” Water Conservation …

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Learning Strategies - Workplace / Professional Development Jan 2004

Learning Strategies - Workplace / Professional Development

Natural Resources and Environmental Issues

Pat Brinkman: Putting Your Best Foot Forward When Attending Formal Events. William A. Guillory: Creating Sanity in the Midst of Chaos - Achieving Work-Life Quality and Balance. Jill Eversole Nolan: Appreciating Difference in the Workplace. Adrie J. Roberts: Organizing Financial Paperwork for Easy Access.

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Leadership - Development / Program Jan 2004

Leadership - Development / Program

Natural Resources and Environmental Issues

Tony Carrell: 4-H Club Officer Handbook. Janice Cowan: A Hair-Raising Experience for the 4-H Leader & A Boring Experience for the Youth? Sharon Hoelscher Day: Charting NEAFCS's Future. Linda Manton: Art and Science of Successful Meetings Facilitation. Barb Schirmer: State Officer Leadership Workshop. Cynthia R. Shuster: Advisory and Program Committee 911.

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New Tools And Technology - Education / Educators Jan 2004

New Tools And Technology - Education / Educators

Natural Resources and Environmental Issues

Sheila Craig: Access E-Government: An Information Technology Program for Local Governments. R. Warren Flood: Teens Reaching Youth through Innovative Teams. Barry W. Fox: What Is Water? A New 4-H Multimedia Project. Faden Fulleylove-Krause: Thriving with Your Spirited Child. Ted G. Futris: Using Technology to Link Researchers and Educators. Carolyn Gregov: High-Tech Volunteerism--Meeting the Extension Education Needs of Today's Seniors. Jeff Olsen: The Power of Attention. Mitch Owen: A Multi-State Shared E-Learning System for Extension Professionals?

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Volunteer Programs - Development / Management Jan 2004

Volunteer Programs - Development / Management

Natural Resources and Environmental Issues

Joseph Campbell: Unlocking the Key Elements of Positive Youth Development Programming. Harriet Edwards: But, I’m Just Too Busy to Volunteer. Janet H. Hiller: Online Volunteer Management Certificate Program - Basic and Beyond. Lauri E.B. Sherfey: Washington State University Online Volunteer Management Certificate Program. Cathy M. Sutphin: A National Study of Volunteer Screening, Involvement, & Management Practices. Alayne Torretta: Positive Parent Development. Linda I. Webb: You Can’t Sue Me, I’m a Volunteer! Michael Wilson: Giving Your Volunteer Team the Playbook.

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Program Development And Evaluation - Families / Youth Jan 2004

Program Development And Evaluation - Families / Youth

Natural Resources and Environmental Issues

Denise J. Brandon: Evaluation of a Statewide Program for Divorcing Parents. Shawn Brotherson: A Parent Education Curriculum on Parenting Young Children. Janet H. Cox: Using Multiple Methods to Demonstrate Impacts. Leslie Crandall: Bridging the Distance among Long Distance Families. Mathew Devereaux: Family Resource Centers that Thrive! Kimberly Greder: Partnering with Parents. Lynna J. Lawson: Locked up, but Not Locked Out. Tom R. Lee: Youth and Families with Promise. Alayne Torretta: Boundless Family Adventures. Scott D. Scheer: Rural and Urban Youth Perceptions of Media Portrayals of Substance Use. Mary Schmidt: Linking Evaluation and Sustainability in Rural Youth Programs.

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Battle At The Bridge: Using Participatory Approaches To Develop Community Researchers In Ecological Management, Jonathan Long, Delbin Endfield, Candy Lupe, Mae Burnette Jan 2004

Battle At The Bridge: Using Participatory Approaches To Develop Community Researchers In Ecological Management, Jonathan Long, Delbin Endfield, Candy Lupe, Mae Burnette

Natural Resources and Environmental Issues

Land-based communities need problem solvers who can address ecological degradation by bridging gaps between community and outside knowledge systems. Through our experience working for the Watershed Program of the White Mountain Apache Tribe, we have wrestled with the challenge of making ecological research more useful to tribal communities, particularly those that have become highly skeptical of conventional research. Simply importing or exporting knowledge does little to solve long-term ecological problems, which instead require an active dialogue between community and outside knowledge systems to help local institutions evolve with environmental changes. To fulfill these roles, individual need skills in listening, speaking …

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Abstract Proceedings Of The Galaxy Ii Conference - Exceeding Expectations Through Teamwork, Deptember 21-25, 2003, Salt Lake City, Utah, Galaxy Ii Conference Sponcors Jan 2004

Abstract Proceedings Of The Galaxy Ii Conference - Exceeding Expectations Through Teamwork, Deptember 21-25, 2003, Salt Lake City, Utah, Galaxy Ii Conference Sponcors

Natural Resources and Environmental Issues

No abstract provided.

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