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2004

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Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem Nov 2004

Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem

San Diego International Law Journal

While individuals carry out scientific research, their local, national, and international institutions also play an important role. This is particularly true in the case of marine science, where the vast scale and complexity of ocean resources demands not only cooperation among individuals and their institutions, but also an interdisciplinary approach that allows for interaction among fields such as physics and biology. Marine science also demands effective interaction between those who seek understanding of natural systems and their resources and those who wish to apply that understanding in utilizing those resources.

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Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen Nov 2004

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen

San Diego International Law Journal

This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …

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Taxation, Craig D. Bell Nov 2004

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

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Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs Nov 2004

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

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Blinding Trachoma : A Disease Of Poverty, Khabir Ahmed, Pashtoon M. Kasi, Ahmed I Gilani, Naveed Janjua Nov 2004

Blinding Trachoma : A Disease Of Poverty, Khabir Ahmed, Pashtoon M. Kasi, Ahmed I Gilani, Naveed Janjua

Department of Surgery Docs

No abstract provided.

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Demystifying Health Care, Khabir Ahmed Nov 2004

Demystifying Health Care, Khabir Ahmed

Department of Surgery Docs

No abstract provided.

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International And National Partnerships To Select, Test, And Develop Institutional Repositories, Johann Van Reenen Nov 2004

International And National Partnerships To Select, Test, And Develop Institutional Repositories, Johann Van Reenen

University Libraries & Learning Sciences Faculty and Staff Publications

Three organizations/associations partnered to decide on, and then test, the most appropriate institutional repository (IR) software. They created and completed a pilot implementation for their respective member organizations. The presentation describes the partnership process, lessons learned, and current plans and concerns. Organizations involved were: Digital Library Linkages (DLL), Ibero-American Science & Technology Education Consortium (ISTEC), Alliance for Innovation in Science and Technology Information (AISTI), University of New Mexico Libraries

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Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles Nov 2004

Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles

Cardozo Law Review

No abstract provided.

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Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells Nov 2004

Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells

Cardozo Law Review

No abstract provided.

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Brown V. Board Of Education After Fifty Years, Jack B. Weinstein Nov 2004

Brown V. Board Of Education After Fifty Years, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

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Price Considerations In The Market For Corporate Law, Michal Barzuza Nov 2004

Price Considerations In The Market For Corporate Law, Michal Barzuza

Cardozo Law Review

No abstract provided.

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Medieval Church Norms And Fiduciary Duties In Partnership, Dennis J. Callahan Nov 2004

Medieval Church Norms And Fiduciary Duties In Partnership, Dennis J. Callahan

Cardozo Law Review

No abstract provided.

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Islamic Rulings On Warfare, Sherifa D. Zuhur Dr., Youssef H. Aboul-Enein Ltcdr Nov 2004

Islamic Rulings On Warfare, Sherifa D. Zuhur Dr., Youssef H. Aboul-Enein Ltcdr

Books, Monographs & Collaborative Studies

The global war on terror (GWOT) and the battles with specific Islamist groups is, to some degree, a war of ideas. With a better understanding of Islamic concepts of war, peace, and Muslim relations with non-Muslims, those fighting the GWOT may gain support and increase their efficacy. The authors explain the principles of jihad and war and their conduct as found in key Islamic texts, the controversies that have emerged from the Quranic verses of war and peace, and the conflict between liberal or moderate Islamic voices and the extremists on matters such as the definition of combatants, treatment of …

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Dit Independent, Issue 2, 1st.-30th. Of November, 2004, Dit:Students Union Nov 2004

Dit Independent, Issue 2, 1st.-30th. Of November, 2004, Dit:Students Union

DIT Student Union

No abstract provided.

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Valorizing Racial Boundaries: Hegemony And Conflict In The Racialization Of Filipino Migrant Labour In The United States, Richard Baldoz Nov 2004

Valorizing Racial Boundaries: Hegemony And Conflict In The Racialization Of Filipino Migrant Labour In The United States, Richard Baldoz

Faculty & Staff Scholarship

This article examines the role of the “racial state” in delimiting the socio-economic mobility of Filipino immigrants in the United States during the first half of the twentieth century. I illustrate how racial statecraft was deployed to restrict the access of Filipino immigrants to citizenship, family formation and land ownership through exclusionary racial criteria. I argue that the state instituted ascribed racial categories as the principal means of differentiating the civic status and social resources available to racialized collectivities. Filipino immigrants in the United States offer an interesting case study because of their status as colonial subjects of the United …

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Knowledge And Awareness Of Pregnant Women About Ultrasounsd Scanning And Prenatal Diagnosis, S Munim, N A. Khawaja, R Qureshi Nov 2004

Knowledge And Awareness Of Pregnant Women About Ultrasounsd Scanning And Prenatal Diagnosis, S Munim, N A. Khawaja, R Qureshi

Department of Obstetrics & Gynaecology

Objective: Antenatal screening and ultrasound scan has become an integral part of the antenatal care in the present time. The aim of this study is to accurately describe the background knowledge and awareness of pregnant women about ultrasound scan and prenatal diagnosis.
Methods: It is a clinic based cross sectional study. Four hundred women, attending the antenatal clinics, were asked to fill in a pre tested structured questionnaire. Different variables of interest were collected. Statistical Program for the social sciences (SPSS) was used for the data management.
Results: Over 93.5% of the women were aware that ultrasound examination is an …

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Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy Nov 2004

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

San Diego Law Review

This Article focuses on the third guidepost announced in BMW v. Gore for reviewing whether the amount of punitive damages award is so excessive as to violate due process, specifically, comparing punitive damages to criminal sanctions. Part I of the article examine the Supreme Court's language in several cases about the relevance of criminal sanctions to the question whether a punitive award is constitutionally excessive. It criticizes the Campbell effort to distinguish between civil and criminal penalties under the third guidepost. Part II suggests that the third guidepost, in theory, wrongly constrains courts from imposing sanctions above those created by …

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Reforming Reprehensibility: The Continued Viability Of Multiple Punitive Damages After State Farm V. Campbell, Rachel M. Janutis Nov 2004

Reforming Reprehensibility: The Continued Viability Of Multiple Punitive Damages After State Farm V. Campbell, Rachel M. Janutis

San Diego Law Review

In this Article, the author discusses how the Supreme Court's recent decision in State Farm v. Campbell reformed the reprehensibility analysis and how this reformation may have the perhaps unintended consequence of eliminating the practice of awarding total harm damages. In particular, in an effort to limit the size of individual punitive damage awards, Campbell limits the use of evidence of conduct directed at parties not before the court.

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Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus Nov 2004

Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus

San Diego Law Review

This Article examines the Supreme Court of Canada's punitive damage awards in pure breach of contract cases in recent years. The Supreme Court reaffirmed this development in its recent and leading decision in Whiten v. Pilot Insurance Co. The Court attempted to craft an approach to the awarding of punitive damages that would avoid the worst excesses of the American experience in Pilot Insurance. The author explores whether the Court succeeded in attaining that laudable objective, concluding that the decision disappoints by failing to supply a convincing reason for extending the scope of punitive damages in the contract context beyond …

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Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman Nov 2004

Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman

San Diego Law Review

In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest …

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Punitive Damages - A View From England, Andrew Tettenborn Nov 2004

Punitive Damages - A View From England, Andrew Tettenborn

San Diego Law Review

This Article explores the English approach to punitive damages. It begins with a brief history of punitive damages in England and a look at where punitive damages are going in the country. Then, the author discusses the criteria for an award and the possibility of punitive damages for break of contract. Other aspects of punitive damages in England explored in the Article include public defendants, liability, judge and jury and the size of punitive awards.

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Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas Nov 2004

Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas

San Diego Law Review

This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …

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Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer Nov 2004

Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer

San Diego Law Review

This Article compares and contrasts the lack of success in desegregating the schools with the greater success in eliminating discrimination from the workplace and suggests that the workplace and schoolhouse can act together for the benefit of both. Part II theorizes that Brown might, in hindsight, have been more successfully implemented and demonstrates why what might have been done earlier probably would not work today. Part III compares the plight of students who have not been helped by Brown with the plight of working parents whose family demands have kept them from sharing fully in the promise of Title VII. …

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Writing Highs And Lows, Kimberly A. Yuracko Nov 2004

Writing Highs And Lows, Kimberly A. Yuracko

San Diego Law Review

Professor Kimberly Yuracko explores the high and low reasons why academics write. In her opinion, the high reasons seem more noble and pure than the low reasons.

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California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston Nov 2004

California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston

San Diego Law Review

This Comment will discuss the problems underlying California's Unfair Competition Law that eventually led to the adoption of Proposition 64. It will also assess the Proposition's method of addressing those problems, which arose due to the UCL's broad standing provision and lack of res judicata effect. Additionally, this Comment will look at outstanding issues not remedied by the recent amendments to 17200, as well as review recent judicial decisions and evaluate their success at clarifying a law that one California Supreme Court Justice has dubbed a "growth industry."

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Single Chamber Electrolyte Supported Sofc Module, Toshio Suzuki, Piotr Jasinski, Harlan U. Anderson, Fatih Dogan Nov 2004

Single Chamber Electrolyte Supported Sofc Module, Toshio Suzuki, Piotr Jasinski, Harlan U. Anderson, Fatih Dogan

Materials Science and Engineering Faculty Research & Creative Works

An electrolyte supported single chamber solid oxide fuel cell (SOFC) module consisting of two cells has been proposed. The module consists of one Sm-doped CeO2 (SDC) electrolyte substrate (0.5 mm thick with the size of 5 3 10 mm), two Ni-SDC anodes on one side, and two SDC-(La,Sr)(Co,Fe)O3 cathodes on the other side. Two modules with different electrode areas were prepared and tested using an air-propane mixture. The electrode area had a strong influence on the performance of the module. It was shown that the two-cell module generated 1.5 V open-circuit voltage and about 17 mW maximum power …

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Cpa Client Bulletin, November 2004, American Institute Of Certified Public Accountants (Aicpa) Nov 2004

Cpa Client Bulletin, November 2004, American Institute Of Certified Public Accountants (Aicpa)

Newsletters

No abstract provided.

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Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker, Russell L. Weaver Nov 2004

Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker, Russell L. Weaver

Vanderbilt Journal of Transnational Law

The common law of defamation cut the balance between speech and reputation decisively in favor of reputation and allowed for the imposition of significant damages against media outlets that defamed. For the last four decades, U.S. media outlets have been insulated against the common law rules by the United States Supreme Court's landmark decision in New York Times Co. v. Sullivan. Following Sullivan, Commonwealth countries clung steadfastly to common law rules and are only now beginning to modify the common law rules to provide speech and media protections. Rather than following Sullivan by adopting constitutional protections, however, Commonwealth courts have …

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An Environmentally Enlightened Accounting, Jesse Dillard, Darrell Brown, Scott Marshall Nov 2004

An Environmentally Enlightened Accounting, Jesse Dillard, Darrell Brown, Scott Marshall

Business Faculty Publications and Presentations

Environmental stewardship must become a primary concern if management is to adequately fulfill its societal responsibilities. Management and accounting information systems must aggressively respond to these emerging requirements in order to support adequately the associated information needs as well as to design organizational systems that motivate and facilitate desired behavior. Our purpose here is to consider a framework useful for developing environmentally enlightening management and accounting information systems that take into account alternative environmental perspectives. The framework can be used to develop prototypes representing different levels of environmental enlightenment and, as such, can provide general guidance for moving collectives and …

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On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein Nov 2004

On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein

Vanderbilt Law Review

May 17, 2004 marked the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.' This precise day also marked the sixty-first anniversary of the Supreme Court's first use of the phrase "private attorney general." For about three decades after this initial 1943 appearance, the private attorney general concept surfaced only occasionally in the legal literature. Starting in the 1970s, however, its presence became quite regular, and that regularity has escalated steadily to the present: on average, during the past fifteen years, every single workday, somewhere in the United States, some judge has written a legal opinion …

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