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2004 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Njit Highlanders Men's Volleyball 2004 Media Guide, New Jersey Institute Of Technology Athletic Department

Volleyball - Men's

No abstract provided.

Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Wiiliam E. Nelson

Faculty Articles

I need to begin by defining a legal realist as anyone, including a practitioner of sociological jurisprudence, who rejects formalism’s faith that judges can derive results in hard cases deductively from nonpolitical, neutral, and objective sources of law such as cases and statutes. A realist believes that judges must bring something else to the table. But what else? Here I need to draw an overly sharp, analytical distinction. On the one hand, a judge might see herself as an agent of society who is under a duty to make law conform to the wishes of society. If such a judge …

Online Music Joint Ventures: Taken For A Song, Harry First

Faculty Articles

In 2001 the five major record companies, controlling more than 80 percent of prerecorded music sales in the United States, announced the formation of two joint ventures to distribute music over the Internet. The Department of Justice opened an antitrust investigation into these ventures even before the ventures began their operations. Two and one-half years later the Department announced that it had closed the investigation because its theoretical concerns ultimately were not supported by the evidence. The Department's investigation, however, focused on the ventures' licensing practices rather than on their formation. This paper focuses on the formation of the online …

Pay Up Or Zip Up: Giving Up The Right To Procreate As A Condition Of Probation, Kelly R. Skaff

Saint Louis University Public Law Review

No abstract provided.

School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley

Saint Louis University Public Law Review

No abstract provided.

Fee -Based Online Services : Exploring Consumers’ Willingness To Pay, L. Richard Ye, Yue Zhang, Dat-Dao Nguyen, James Chiu

Journal of International Technology and Information Management

Many online service businesses are beginning to charge fees for services that they used to provide for free. It is unclear whether consumers are ready to embrace this practice. This study explores consumer attitudes toward fee-based online services. The results of the study indicate that consumers’ willingness to pay for online services is likely to be influenced by their perceived value of convenience these services provide, and by the extent to which they utilize these services. While consumers appear more willing to pay for services that are qualitatively better than free services, there is also indication that the belief remains …

All For One And One For All: Designing Web-Based Courses For Students Based Upon Individual Learning Styles, Michael K. Barbour, Morris Cooze

Education Faculty Publications

As e-learning begins to proliferate into secondary schools and is opened up to learners of all abilities, it is important that the effects different learning styles have upon how online instruction is provided are taken into consideration. In this study, students from a secondary-level business education class completed a learning styles inventory to determine their strengths in the traditional learning styles and in Gardner’s intelligences. A variety of web-based instructional methods were utilized throughout the school year and the students’ overall performance in the course was monitored.

Benchmarks For Assessing The Technological Literacy Of A Highly Qualified Paraprofessional, Antoinette P. Bruciati, María Lizano-Dimare

Education Faculty Publications

Under the provisions of the No Child Left Behind Act of 2001 (NCLB) all instructional paraprofessionals working in a program supported under Title I, Part A, are required to meet the federal definition of being highly qualified by the end of the 2005-2006 school year. In meeting the NCLB requirements, the capacity to support teaching and learning activities in the content areas must be demonstrated. As school districts incorporate increasing amounts of technology into their classroom curricula, the role of the paraprofessional must keep pace with new pedagogical methods for using technology to support student learning. Through the development of …

Judges And Politics: An Essay From Canada, Allan C. Hutchinson

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper addresses the central jurisprudential issue of the connection between judges’ political commitments and adjudication. Concentrating on the contested question of whether judges are and can ever not be “activist”, it argues that adjudication is inevitably and unavoidably political in nature: there is simply no other way for judges to fulfill their responsibilities other than by resort to basic political values. By examining the recent decision of the SCC in Doucet-Boudreau, the paper offers a very different account of how judges can meet constitutional expectations in contemporary Canada.

What Caused Enron? A Capsule Social And Economic History Of The 1990s, John C. Coffee Jr.

Faculty Scholarship

The sudden explosion of corporate accounting scandals and related financial irregularities that burst over the financial markets between late 2001 and the first half of 2002 – Enron, WorldCom, Tyco, Adelphia and others – raises an obvious question: Why now? What explains the concentration of financial scandals at this moment in time? Much commentary has rounded up the usual suspects and placed the blame on a decline in business morality, an increase in "infectious greed," or other similarly subjective trends that cannot be reliably measured. Although none of these possibilities can be dismissed out of hand, approaches that simply reason …

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …

Collective Guilt And Collective Punishment, George P. Fletcher

Faculty Scholarship

Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail collective punishment.

Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault

Faculty Scholarship

The vast majority of judicial offices in the United States are subject to election. The votes of the people select or retain at least some judges in thirty-nine states, and all judges are elected in twenty-one states. By one count, 87% of the state and local judges in the United States have to face the voters at some point if they want to win or remain in office. Judicial elections, however, differ from elections for legislative or executive offices in a number of significant ways. In nineteen states, most judges are initially appointed but must later go before the voters …

The Rise Of State Bankruptcy-Directed Legislation, Ronald J. Mann

Faculty Scholarship

The papers at this conference generally focus on the rise of securitization and the possibility that statutes designed to remedy abuses of securitization will wreak undue havoc on our capital markets. I take my starting point from the relatively intractable policy questions that those problems raise. It seems well accepted that securitization provides financing at lower cost to the large companies that use those transactions. If so, rules fostering securitization could enhance the overall performance of our economy. At the same time, there are legitimate concerns that the rise of securitization makes it less likely that large companies in financial …

Credit Card Policy In A Globalized World, Ronald J. Mann

Faculty Scholarship

This paper relies on data from countries around the world to present a comprehensive analysis of policy issues related to credit cards. The first part discusses the rise of credit cards and debit cards and how their uses differ from country to country. It closes with a framework for explaining why cards are more and less successful in different countries, focusing in large part on the ready availability of detailed consumer credit information. The second part considers the relation between credit card use and bankruptcy. Relying on a time series of data from the United States, Canada, Great Britain and …

The Broadband Debate, A User's Guide, Tim Wu

Faculty Scholarship

Back in the 1990s, Internet communications policy was easier. It was easy to agree that the network's growth ought not be impended by excessive government regulation. It was easy to hope that the Internet would solve all of its own problems. Yet it turned out that the success of the network was hiding strong differences of opinion. Today, the euphoria is gone, and the divide in Internet communications policy has become clear and unmistakable. It most clearly a divide between two distinct groups: the self-proclaimed "Openists" and "Deregulationists."

This divide will do much to inform the reform of the Telecommunications …

Punishment And The War On Terrorism, Carl W. Tobias

Law Faculty Publications

Certain features of the war on terrorism impose novel and controversial punishment schemes. For example, President George W. Bush has unilaterally invoked executive authority to detain thousands suspected of terrorism over protracted times and to create military tribunals. The government has imprisoned two American citizens, denying them access to counsel for more than a year, and it has incarcerated 650 individuals without process at Guantanamo Bay. Bush administration officials recently announced that they would try some Guantanamo detainees in military commissions; however, these bodies will accord fewer protections than the civilian system or even courts-martial under the Uniform Code of …

Características Histológicas De La Tumefacción Frontal De Melanophryniscus (Amphibia: Anura: Bufonidae), Daniel E. Naya, José A. Langone, Rafael O. De Sá

Biology Faculty Publications

Se analizó la histología tegumentaria de la región cefálica en seis especies del género Melanophryniscus, pertenecientes a los grupos stelzneri (4) y tumifrons (2), con el objetivo de esclarecer la estructura de la tumefacción frontal y su posible función. Las características generales de la histología del grupo stelzneri, coincidieron con las descripciones tegumentarias existentes para el género. Sin embargo, la región cefálica frontal en las dos especies del grupo tumifrons muestran cambios histológicos correlacionados a la tumefacción frontal. Esta estructura presenta una organización similar a otras macroglándulas presentes en la dermis de anuros (e.g., parotoides, paracnémicas), y por tanto se …

Advertisers And Consumers In Transition, Katherine Sredl, Nataša Renko

School of Business: Faculty Publications and Other Works

Globalization of consumption and advertising is a dominant aspect of the post-socialist economic and social transition in Central and Eastern Europe. Yet we are only beginning to understand how consumers and local advertisers make sense of this, the role of historical infl uences, and the meaning of current outcomes. Croatia is an excellent site for researching this. How local advertisers and consumers adjust to globalization, and adjust its forces to their culture, will in no small way determine Croatia’s future, socially, economically, and politically. Through a year of ethnographic fi eldwork in Croatia, the authors hope to unlock the local …

Suing The Firearms Industry: A Case For Federal Reform, Stephen P. Halbrook

Chapman Law Review

No abstract provided.

Judicial Independence In Virginia Dedicated To Chief Justice Harry L. Carrico, William Hamilton Bryson

Law Faculty Publications

The political will of the people of the Commonwealth of Virginia is expressed in the Constitution of Virginia, which created the government of Virginia. Every Constitution of Virginia from 1776 to the present has divided the government among the General Assembly of Virginia, the legislature; the governor, who is the chief executive officer; and the judiciary, a system of courts. Each of these three branches of the government was created as a separate, independent branch of the government. However, they are not totally independent; they must of necessity interact. Furthermore, each Constitution of Virginia has put into place various checks …

Edith Wharton, Privacy, And Publicity, Jessica Bulman-Pozen

Faculty Scholarship

"It's the woman's soul, absolutely torn up by the roots-her whole self laid bare .... I don't mean to read another line; it's too much like listening at a keyhole." When Mrs. Touchett speaks these words in Edith Wharton's early novella, The Touchstone, we may wonder whether Wharton is mocking her own voyeuristic readership and grappling with her tenuous privacy as a professional female author. Despite her protestations, Mrs. Touchett has relished reading the letters of Mrs. Aubyn, a deceased novelist whose former lover, Stephen Glennard, has published her correspondence. It is precisely because these love letters (or "unloved letters" …

The Gravitational Instability Of The Vacuum: Insight Into The Cosmological Constant Problem, Stephon Alexander, Manasse Mbonye, John Moffat

Articles

A mechanism for suppressing the cosmological constant is developed, based on an analogy with a superconducting phaseshift in which free fermions coupled perturbatively to a weak gravitational field are in an unstable false vacuum state. The coupling of the fermions to the gravitational field generates fermion condensates with zero momentum and a phase transition induces a nonperturbative transition to a true vacuum state by producing a positive energy gap $\Delta$ in the vacuum energy, identified with $\sqrt{\Lambda}$, where $\Lambda$ is the cosmological constant. In the strong coupling limit a large cosmological constant induces a period of inflation in the early …

Swidden Agriculture In Developing Countries: An Ecological-Economic Analysis Of The Fallow Period And Its Length, Amitrajeet A. Batabyal, Hamid Beladi

Articles

Small farmers in many tropical developing countries practice swidden agriculture. A key aspect of swidden agriculture is the time period during which the land is left fallow. This paper uses a new ecological-economic approach to study the fallow period and to determine the optimal length of this period in swidden agriculture. We first construct a theoretical model of a parcel of forest land that has been cleared for swidden agriculture. We then show how the dynamic and the stochastic properties of this cleared land can be used to derive two objective functions for a small farmer that are ecologically meaningful. …

Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman

Faculty Scholarship

Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is …

Sexual Tensions Of Post-Empire, Katherine M. Franke

Faculty Scholarship

In this essay Katherine Franke examines two contemporary cites in which state efforts to eradicate the traces of empire and to resurrect an authentic post-colonial nation have produced sexual subjects that serve as a kind of existential residue and reminder of a demonized colonial past and absence. Looking first at post-colonial Zimbabwe, Franke argues that President Mugabe's aggressively homophobic policies have played a key role in fortifying his leadership as authentically African and post-colonial.

Franke then turns to current efforts by the Mubarak government in Egypt to publically prosecute men for having sex with men. The Mubarak government has used …

Copyright's Communications Policy, Tim Wu

Faculty Scholarship

There is something for everyone to dislike about early twenty-first century copyright. Owners of content say that newer and better technologies have made it too easy to be a pirate. Easy copying, they say, threatens the basic incentive to create new works; new rights and remedies are needed to restore the balance. Academic critics instead complain that a growing copyright gives content owners dangerous levels of control over expressive works. In one version of this argument, this growth threatens the creativity and progress that copyright is supposed to foster; in another, it represents an "enclosure movement" that threatens basic freedoms …

Wideband Channel Model For Aeronautical Telemetry, Christian Bettweiser, Adam Davis, Michael D. Rice

Faculty Publications

A multipath channel model for wideband aeronautical telemetry links is presented. Channel sounding data were collected at Edwards AFB, CA, at both L-band and lower S-band. Frequency domain analysis techniques were used to evaluate candidate channel models. The channel model is composed of three propagation paths: a line-of-sight direct path and two specular reflections. The first specular reflection is characterized by a relative amplitude of 70% to 96% of the line-of-sight amplitude and a delay of 10—80 ns. This path is the result of “ground bounces” off the dry lake bed at Edwards and is a typical terrain feature at …

A Study Conducted For The Journal Of Microfinance: Published At Brigham Young University, Veronica Barlow, Angelica Hagman, Brooke Mildenhall, Eliza Steele

Student Works

The main purpose of our study was to discover the target market for The Journal of Microfinance by understanding the channels of learning most widely used by academics and practitioners in the field of microenterprise. Study group comprised of Veronica Barlow, Angelica Hagman, Brooke Mildenhall, and Eliza Steele.