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2004

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Articles 10531 - 10560 of 13561

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Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben Jan 2004

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …


Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow Jan 2004

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

What must be remembered and acknowledged before we can move forward to create a future together, whether individually or collectively? Or, as Avishai Margalit has recently put it, is there an ethics of memory - must some things be remembered; what can be forgiven or forgotten in a moral sense? I have long been worried about the emphasis in mediation to focus on the future, to seek ''solutions" to problems in which the parties are guided to "move forward," even while "reorienting the parties to each other," in crafting a more productive relationship. With the growing use and adaptation of …


Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning Jan 2004

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …


San Diego Moveable Feast: Competition In Cooperation-Building, Christopher Honeyman, Ellen A. Waldman Jan 2004

San Diego Moveable Feast: Competition In Cooperation-Building, Christopher Honeyman, Ellen A. Waldman

Cardozo Journal of Conflict Resolution

Local boosters refer to San Diego as "America's Finest City." This, of course, is an invitation to skepticism. Likewise, the strong culture of dispute resolution created by San Diego invites a closer look.


"Preemptive War": Is It Constitutional?, John B. Mitchell Jan 2004

"Preemptive War": Is It Constitutional?, John B. Mitchell

Santa Clara Law Review

No abstract provided.


Book Review [Steal This Idea: Intellectual Property Rights And The Corporate Confiscation Of Creativity], Santa Clara Law Review Jan 2004

Book Review [Steal This Idea: Intellectual Property Rights And The Corporate Confiscation Of Creativity], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Modulation Of Major Histocompatibility Complex (Mhc) Class I Heavy Chain Gene Expression By Naringenin In Cells That Express Human Papillomavirus (Hpv) E6 And E7 Genes, Rohana Yusof, Yong Hoi Yim, Mustafa Ali Mohd, G Eric Blair Jan 2004

Modulation Of Major Histocompatibility Complex (Mhc) Class I Heavy Chain Gene Expression By Naringenin In Cells That Express Human Papillomavirus (Hpv) E6 And E7 Genes, Rohana Yusof, Yong Hoi Yim, Mustafa Ali Mohd, G Eric Blair

Research Publications (2000 to 2005)

This study describes the effect of Naringenin on major histocompatibility complex (MHC) class I heavy chain gene expression in the presence of low risk or high risk Human Papillomavirus (HPV) E6 and E7 genes. Northern blot analysis showed that, in the presence of Naringenin, steady-state levels of MHC class I heavy chain mRNA transcripts were elevated in rat fibroblast (3Y1) cells. In transient expression assays of MHC class I heavy chain (H-2Kb) promoter activity, it was observed that there was a down-regulation of MHC class I promoter activity in 3Y1 cells co-transfected with either high risk HPV 16 E6 and …


The Straits Chinese Contributions To Malaysian Literary Heritage: Focus On Chinese Stories Translated Into Baba Malay, S.K. Yoong, A.N. Zainab Jan 2004

The Straits Chinese Contributions To Malaysian Literary Heritage: Focus On Chinese Stories Translated Into Baba Malay, S.K. Yoong, A.N. Zainab

Research Publications (2000 to 2005)

The Chinese born in the Straits Settlements of Peninsula Malaya (Penang, Singapore, Malacca) are called Babas to distinguish them from those born in China. The Babas are rooted from three different races, Chinese, Malay and English and as such their lifestyles show a mixed blend of the Chinese, Malay and European cultures. Because of this cultural background, the Babas exhibited a unique cultural mix in the clothes they wear, their culinary skills, architectural styles, language and literature. The paper describes the characteristics of 68 Baba translated works published between 1889 and 1950; focusing on the publication trends between the period …


Settling The Wilderness, Sarah Krakoff Jan 2004

Settling The Wilderness, Sarah Krakoff

University of Colorado Law Review

No abstract provided.


Dumping On Federalism, Robert J. Cynkar Jan 2004

Dumping On Federalism, Robert J. Cynkar

University of Colorado Law Review

No abstract provided.


Trusted Computing Or Big Brother? Putting The Rights Back In Digital Rights Management, Chad Woodford Jan 2004

Trusted Computing Or Big Brother? Putting The Rights Back In Digital Rights Management, Chad Woodford

University of Colorado Law Review

No abstract provided.


More Unfinished Stories: Lucas, Atlanta Coalition, And Palila/Sweet Home, Oliver A. Houck Jan 2004

More Unfinished Stories: Lucas, Atlanta Coalition, And Palila/Sweet Home, Oliver A. Houck

University of Colorado Law Review

No abstract provided.


All Aboard! The Supreme Court, Guilty Pleas, And The Railroading Of Criminal Defendants, Julian A. Cook, Iii Jan 2004

All Aboard! The Supreme Court, Guilty Pleas, And The Railroading Of Criminal Defendants, Julian A. Cook, Iii

University of Colorado Law Review

No abstract provided.


Restoring Our Ancient Constitutional Faith, Michael Sink Jan 2004

Restoring Our Ancient Constitutional Faith, Michael Sink

University of Colorado Law Review

No abstract provided.


The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main Jan 2004

The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main

Scholarly Works

No abstract provided.


Double Take, Kathryn Nicole. Lewis Jan 2004

Double Take, Kathryn Nicole. Lewis

Harriet L Wilkes Honors College Theses 2003 - 2009

The presidential election of 2000 was not the first United States presidential election to end with uncertainty. The contest between George W. Bush and Al Gore was not the first to introduce Americans to disputed vote tallies in crucial swing states, to the possibility of separate and competing slates of potential electors, or even to the notion that one person's vote really might matter after all. History had already born witness to many of those prospects during the 1877 presidential race between Samuel Tilden and Rutherford B. Hayes, which Hayes ultimately won. The 2000 election was novel, however, in the …


Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport Jan 2004

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

Scholarly Works

In this article, I explore the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. I reject his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. I then explore how character (especially of those at the top of an organization) can lead to Enron-like disasters, and I talk about how cognitive dissonance can lead to very smart people making very stupid decisions. I end with some musings about how lawyers can learn from Enron.


Dr. Jekyll & Mr. Skilling; How Enron's Public Image Morphed From The Most Innovative Company In The Fortune 500 To The Most Notorious Company Ever, Nancy B. Rapoport, Jeffrey D. Van Niel Jan 2004

Dr. Jekyll & Mr. Skilling; How Enron's Public Image Morphed From The Most Innovative Company In The Fortune 500 To The Most Notorious Company Ever, Nancy B. Rapoport, Jeffrey D. Van Niel

Scholarly Works

In this article, we explore the hypothesis that Enron's financial releases were so complex and misleading that no one could have predicted its rapid downfall, and we find that, contrary to our hypothesis, a number of people were contradicting Enron's own rosy view of itself long before the middle of 2001. We then talk about the ways in which Enron became part of the public consciousness, far beyond what it had done merely as a business entity.


Powder River Country, Marianne Zugel Jan 2004

Powder River Country, Marianne Zugel

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.


Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames Jan 2004

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.


The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin Jan 2004

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.


A Dictionary Of Middle Egyptian For Students Of Biblical Archaeology And Old Testament Studies, Robert D. Bates Jan 2004

A Dictionary Of Middle Egyptian For Students Of Biblical Archaeology And Old Testament Studies, Robert D. Bates

Dissertations

Problem. Middle Egyptian has played an increasingly important role in Biblical Archaeology and Old Testament studies. Much of biblical chronology is closely connected to Egyptian chronology; many biblical events record Egyptian involvement, and some of these are included on Egyptian monuments. A knowledge of Middle Egyptian has been crucial in understanding the historical background and cultural context of the biblical world because this phase of the Egyptian language influenced the widest range of Egyptian writing, particularly as it pertains to Old Testament history. Unfortunately, students do not have all the necessary tools for searching for unfamiliar words in Middle Egyptian. …


Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey Jan 2004

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Seattle University Law Review

This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …


Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert Jan 2004

Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert

Seattle University Law Review

This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …


Genetic Effects On Alcohol Dependence Risk : Re-Evaluating The Importance Of Psychiatric And Other Heritable Risk Factors, Valerie S. Knopik, Andrew C. Heath, Pamela A F Madden, Kathleen K. Bucholz, Wendy S. Slutske, Elliot C. Nelson, Dixie Statham, John B. Whitfield, Nicholas G. Martin Jan 2004

Genetic Effects On Alcohol Dependence Risk : Re-Evaluating The Importance Of Psychiatric And Other Heritable Risk Factors, Valerie S. Knopik, Andrew C. Heath, Pamela A F Madden, Kathleen K. Bucholz, Wendy S. Slutske, Elliot C. Nelson, Dixie Statham, John B. Whitfield, Nicholas G. Martin

Open Access Publications

No abstract provided.


Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez Jan 2004

Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris Jan 2004

Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark Jan 2004

Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


State Of Utah V. Parley Parker Pratt Stubbs : Brief Of Respondent, Utah Supreme Court Jan 2004

State Of Utah V. Parley Parker Pratt Stubbs : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.