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2004

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War Fever Symposium:, Geoffrey R. Stone Nov 2004

War Fever Symposium:, Geoffrey R. Stone

Missouri Law Review

As Justice Robert Jackson observed more than half a century ago, “[i]t is easy, by giving way to the passion, intolerance and suspicion of wartime, to reduce our liberties to a shadow, often in answer to exaggerated claims of security.” Indeed, the United States has a long and unfortunate history of overreacting to the dangers of wartime. Again and again, Americans have allowed fear to the better of them. Some measure of fear, of course, is inevitable—even healthy—in time of war. Otherwise, it would be difficult, if not impossible, for a nation to make the sacrifices war demands. An essential …


The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin Nov 2004

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …


Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle Nov 2004

Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle

Missouri Law Review

This summary contends that exclusion of discretionary review by the Missouri Supreme Court from the available list of remedies will not impart the statute of limitation for two reasons. First, in Missouri, the right to apply for discretionary transfer is guaranteed by the state constitution. If the statute of limitation for federal habeas corpus petitions were not tolled by a prisioner’s pending application for discretionary transfer, state prisoners would be forced unfairly to choose between state and federal constitutional rights. Second, the characterization of a particular state remedy as “extraordinary” for exhaustion purposes should not affect its character as “direct” …


Mandatory Arbitration Agreements Do Not Belong In Nursing Home Contracts With Residents, Ann E. Krasuski Nov 2004

Mandatory Arbitration Agreements Do Not Belong In Nursing Home Contracts With Residents, Ann E. Krasuski

DePaul Journal of Health Care Law

No abstract provided.


State Practice Acts Of Licensed Health Professions: Scope Of Practice, James W. Hilliard, Marjorie E. Johnson Nov 2004

State Practice Acts Of Licensed Health Professions: Scope Of Practice, James W. Hilliard, Marjorie E. Johnson

DePaul Journal of Health Care Law

No abstract provided.


The Ellison Unitary Model In Conflict Resolution Training, Claire Michele Rice, Deryl G. Hunt Nov 2004

The Ellison Unitary Model In Conflict Resolution Training, Claire Michele Rice, Deryl G. Hunt

Peace and Conflict Studies

The Ellison Model Executive Mentoring Inclusive Community Building Model (The Ellison Model) is used in training people to initiate and implement inclusive community building (ICB) projects using executives and professionals from a variety of fields and industries to mentor university and pre-college students, all serving as mentors at each succeeding level of function. The model promotes ethical values and inclusion in community development. Participants at ICB conferences receive conflict resolution, relationship management and cultural sensitivity/diversity training through interactive and dramatic techniques. This essay examines the theoretical premises upon which The Model bases its philosophies. Theories examining the nexus between culture …


Bridge Across The Race-Class Chasm, Beth Roy Nov 2004

Bridge Across The Race-Class Chasm, Beth Roy

Peace and Conflict Studies

A Review of “Red, White, Black & Blue: A Dual Memoir of Race and Class in Appalachia” by William M. Drennen Jr. & Kojo (William T.) Jones Jr. (Ohio University Press, Athens, 2004)


The Role Of Silence And Avoidance In Interpersonal Conflict, Alexia Georgakopoulos Nov 2004

The Role Of Silence And Avoidance In Interpersonal Conflict, Alexia Georgakopoulos

Peace and Conflict Studies

Conflict is an inevitable process in relationships. Effective strategies must be used to manage conflict accordingly. If one is to understand how to incorporate effective strategies when dealing with conflict, the emotional experience related to conflict must be understood. The expression of anger is the emotion most associated with conflict; therefore, anger is an important emotion in the assessment of conflict. Anger is associated with arousal that may be traced to have its roots in the evolution of humankind. The emotion of anger is in part biological which links it to dispositional properties and to another extent largely communicative as …


Illuminations, Fall Issue, November 2004, Ucf Libraries Nov 2004

Illuminations, Fall Issue, November 2004, Ucf Libraries

Libraries' Newsletters

No abstract provided.


Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff Nov 2004

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.


Long-Residency Hydration, Cation Binding, And Dynamics Of Loop E/Helix Iv Rrna-L25 Protein Complex, Neocles B. Leontis, Kamila Réblová, Nad'a Špačková, Jaroslav Koča, Jiří Šponer Nov 2004

Long-Residency Hydration, Cation Binding, And Dynamics Of Loop E/Helix Iv Rrna-L25 Protein Complex, Neocles B. Leontis, Kamila Réblová, Nad'a Špačková, Jaroslav Koča, Jiří Šponer

Chemistry Faculty Publications

Molecular dynamics simulations of RNA-protein complex between Escherichia coli loop E/helix IV (LE/HeIV) rRNA and L25 protein reveal a qualitative agreement between the experimental and simulated structures. The major groove of LE is a prominent rRNA cation-binding site. Divalent cations rigidify the LE major groove geometry whereas in the absence of divalent cations LE extensively interacts with monovalent cations via inner-shell binding. The HeIV region shows bistability of its major groove explaining the observed differences between x-ray and NMR structures. In agreement with the experiments, the simulations suggest that helix-alpha1 of L25 is the least stable part of the protein. …


Madison Christian School Administrative Database, Pamela Rowland Nov 2004

Madison Christian School Administrative Database, Pamela Rowland

Masters Theses & Doctoral Dissertations

The need for a database system at Madison Christian School (MCS) is examined. An investigation of current processes identifies the need for stored data that is easy to access and easy to use. Currently paper data is stored in a file cabinet. It is not easy to manipulate, and reports must be generated by hand. MCS needed a database that a teacher with little computer skills could easily access and use while considering that an administrator would use the database for data manipulation and storage. Microsoft Access is used to develop the database as it is an easy-to-use interface that …


Nebraska’S Community Airports: A Study Of Organizational, Financial, And Management Practices: Summary Report, Jerry Deichert, David J. Drozd, Robert F. Blair, Aleksandra Tepedelenova Nov 2004

Nebraska’S Community Airports: A Study Of Organizational, Financial, And Management Practices: Summary Report, Jerry Deichert, David J. Drozd, Robert F. Blair, Aleksandra Tepedelenova

Past Publications

Rural and non-metropolitan public-use and general aviation airports play a critical role in the economic development of communities in agricultural states and states with dispersed populations. Not only do they serve as a vital link to markets and resources for both agricultural and non-agricultural businesses operating in the community, small airports provide needed transportation options for area residents. These airports also perform an important function in providing needed health and medical transport services in non-metropolitan locations. Airports can be described as critical “public assets” with needed services to the local community (Penney 2003).


Service-Learning Opportunities That Include Students With Moderate And Severe Disabilities, Harold Kleinert, Virginia Mcgregor, Michelle Durbin, Tina Blandford, Karen Jones, Josh Owens, Beth Harrison, Sally Miracle Nov 2004

Service-Learning Opportunities That Include Students With Moderate And Severe Disabilities, Harold Kleinert, Virginia Mcgregor, Michelle Durbin, Tina Blandford, Karen Jones, Josh Owens, Beth Harrison, Sally Miracle

Disabilities

Picture this scenario: For Young at Heart, a monthly social and recreational event targeted specifically for senior citizens, students with moderate and severe disabilities worked with Key Club members to plan and cook a dinner for seniors, as well as plan the entertainment for the evening. During the event, students helped prepare the meal, served it, and participated in the social activities. After a successful evening, the students wrote letters to local businesses to solicit funding for the next event. Students and their peer partners composed reflections and planned a celebration. Teachers included videotaped reflections and activities into students’ alternate …


Prévention Des Risques Pour La Santé Et La Sécurité Du Travail Dans Les Centres De Tri De Matières Recyclables, Jacques Lavoie, Serge Moquin, Manon Trudel, Serge Guertin, Alain Lajoie, Normand Lambert, Patrick Vincent Nov 2004

Prévention Des Risques Pour La Santé Et La Sécurité Du Travail Dans Les Centres De Tri De Matières Recyclables, Jacques Lavoie, Serge Moquin, Manon Trudel, Serge Guertin, Alain Lajoie, Normand Lambert, Patrick Vincent

Guides

No abstract provided.


Procedural Justice, Lawrence B. Solum Nov 2004

Procedural Justice, Lawrence B. Solum

Faculty Scholarship

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint.

The Article begins in Part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, …


Corbello V. Iowa Production And The Implications Of Restoration Damages In Louisiana: Drilling Holes In Deep Pockets For Thirty-Three Million Dollars, Mary Beth Balhoff Nov 2004

Corbello V. Iowa Production And The Implications Of Restoration Damages In Louisiana: Drilling Holes In Deep Pockets For Thirty-Three Million Dollars, Mary Beth Balhoff

Louisiana Law Review

No abstract provided.


The Varying Parameters Of Obstruction Of Justice In American Criminal Law, John F. Decker Nov 2004

The Varying Parameters Of Obstruction Of Justice In American Criminal Law, John F. Decker

Louisiana Law Review

No abstract provided.


The Industrial Symbiosis Research Symposium At Yale: Advancing The Study Of Industry And Environment, Marian Chertow, Weslynne Ashton, Radha Kuppalli Nov 2004

The Industrial Symbiosis Research Symposium At Yale: Advancing The Study Of Industry And Environment, Marian Chertow, Weslynne Ashton, Radha Kuppalli

Yale School of the Environment Publications Series

Industrial symbiosis (IS), a sub-field of industrial ecology, is principally concerned with the cooperative management of resource flows through networks of businesses as a means of approaching ecologically sustainable industrial activity. Isolated researchers in a broad range of disciplines have investigated industrial symbiosis from a variety of starting points without a common agenda. The Industrial Symbiosis Research Symposium was held in January 2004 at Yale University, bringing together more than 30 experts from 15 countries to discuss critical questions and issues in this emerging area.The purpose of the Symposium was to give researchers an opportunity to share their knowledge and …


Trail Fidelity In Atta Cephalotes, November 2004, Amy Romer Nov 2004

Trail Fidelity In Atta Cephalotes, November 2004, Amy Romer

Monteverde Institute: Tropical Ecology and Conservation

Trail fidelity in Atta cephalotes was tested through marking experiments by comparing the movement of 500 marked workers that were removed but replaced on the same trail with the movement of a separate group of 500 marked workers that were displaced to a new trail. Trail fidelity was very high for replaced workers: 94% of workers observed at a census 24 hours after marking remained on the original trail. Trail fidelity was such a strong force in displaced ant behavior that by 24 hours after marking 74% had returned to their original trail. This indicates that worker ants are orientated …


The Miami Barrel: An Innovation In Forensic Firearms Identification, Thomas G. Fadul Jr. Nov 2004

The Miami Barrel: An Innovation In Forensic Firearms Identification, Thomas G. Fadul Jr.

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The scientific foundation in firearm and tool mark identification is that each firearm/tool produces a signature of identification (striation/impression) that is unique to that firearm/tool, and through examining the individual striation/impressions; the signature can be positively identified to the firearm/tool that produced it. There is no set number of matching striations that are needed for concluding an identification. The inability to identify fired bullets to individual Glock pistols resulted in an in-depth study of Glock's polygonal rifled barrels, which resulted in the manufacturing of the Miami/EBIS Gun Barrel. This research study provided the scholarly research that was needed to determine …


Pineywoods Native Plant Center, Dec 2004, Sfa Gardens, Stephen F. Austin State University Nov 2004

Pineywoods Native Plant Center, Dec 2004, Sfa Gardens, Stephen F. Austin State University

SFA Gardens Newsletters

No abstract provided.


Excellence In Nursing Knowledge [Complete Issue - Digital Origin: November 2004, Vol 1, 3], Kenneth W. Colbert, Tara Dugan Claudio, Richard Hader, Roberta Mori, Greg Perry, Ruth Plumb, Kelly L. Podgorny, Karole Schafer Mourek, Sigma Theta Tau International Nov 2004

Excellence In Nursing Knowledge [Complete Issue - Digital Origin: November 2004, Vol 1, 3], Kenneth W. Colbert, Tara Dugan Claudio, Richard Hader, Roberta Mori, Greg Perry, Ruth Plumb, Kelly L. Podgorny, Karole Schafer Mourek, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: In 2004, the Excellence publication was once again transformed, this time becoming Excellence in Nursing Knowledge (ENK): Voices of Evidence in Nursing, an online-only, topic-centric monthly edited by subject-matter experts. Nine issues of ENK were published from August 2004 through May 2005. The format represented the views from administration, bedside nursing, and student nursing in a single issue. Topics explored were Synergy (Martha A. Q. Curley)*, The Future of Nursing (Jean Scholz), Beyond Ratios (Karole Mourek and Ken Colbert), Preventing Surgical Infections (Marianne Fredrick and Lisa Pilla), Elevating Nurses (Susan Torres, Terri Wurmser, and Jane Bliss-Holtz), Clinical Scholars …


University Reporter - Volume 09, Number 03 - November 2004 Nov 2004

University Reporter - Volume 09, Number 03 - November 2004

1996-2009, University Reporter

This issue of the University Reporter includes articles about a partnership between UMass Boston and the Dana-Farber Cancer Institute, the relocation of the Massachusetts Office of Dispute Resolution to UMass Boston, professor of science education Arthur Eisenkraft, the Nellie Mae Education Foundation's support of the Urban Scholars Program, and other news from UMass Boston.


Monitor Newsletter Monthly, November 2004, Bowling Green State University Nov 2004

Monitor Newsletter Monthly, November 2004, Bowling Green State University

Monitor

Official Publication of Bowling Green State University for Faculty and Staff


Apocalyptic Terrorism: The Case For Preventive Action, Joseph Mcmillan Nov 2004

Apocalyptic Terrorism: The Case For Preventive Action, Joseph Mcmillan

Strategic Forums

This policy brief examines the growing threat posed by apocalyptic, religiously motivated terrorist movements, particularly al Qaeda, and argues that their ideology, intent, and capabilities require a reassessment of international norms governing the use of force. Unlike earlier terrorist groups constrained by political objectives, apocalyptic terrorists seek mass casualties and reject traditional limits on violence, making purely reactive or law-enforcement approaches inadequate. The brief contends that under certain circumstances states must retain the ability to take preventive action, including military operations on foreign territory, when governments are unwilling or unable to suppress terrorist threats within their borders. Drawing on principles …


Changes In Avian Communities In The San Luis Valley, Costa Rica, November 2004, Nicholas Kovacs Nov 2004

Changes In Avian Communities In The San Luis Valley, Costa Rica, November 2004, Nicholas Kovacs

Monteverde Institute: Tropical Ecology and Conservation

In this experiment, avifauna of the transformed Costa Rican premontane moist forest was censused using fixedradius point counts within three habitats. Species abundance for all observed birds was calculated based on these observations. Study sites included pasture and fragmented secondary forest. Species abundance was compared to previous values known for the area from a 1993 study. For the 51 species observed in the area, 31 showed frequency changes. Twenty-six of the 31 were negative declines, and five showed positive increases in population. Four species declined from common to rare, three species declined from fairly common to rare and two new …


Shedding Light On The Battlefield: Tactical Applications Of Photonic Technology, Joseph N. Mait, Michael W. Haney, Keith W. Goossen, Mark P. Christensen Nov 2004

Shedding Light On The Battlefield: Tactical Applications Of Photonic Technology, Joseph N. Mait, Michael W. Haney, Keith W. Goossen, Mark P. Christensen

Defense and Technology Papers

This paper addresses the growing availiability and dependence on tactical sensor technology on bandwidth for the battlfield and recommends the use of light, or photons, to transmit information. It highlights the advantages of photonics in three applications and discusses the economical and technological advantages for increasing the use of photonics for the U.S. government and military.


Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2004

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Vol. 25, No. 1, Fall 2004: Table Of Contents, Northern Illinois University Law Review Nov 2004

Vol. 25, No. 1, Fall 2004: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.