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2004

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Spammers Clog In-Boxes Everywhere: Will The Can-Spam Act Of 2003 Halt The Invasion ?, Erin Elizabeth Marks Jan 2004

Spammers Clog In-Boxes Everywhere: Will The Can-Spam Act Of 2003 Halt The Invasion ?, Erin Elizabeth Marks

Case Western Reserve Law Review

No abstract provided.


Symposium: Nike V. Kasky And The Modern Commercial Speech Doctrine - Forward: The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, Ronald K.L. Collins, David M. Skover Jan 2004

Symposium: Nike V. Kasky And The Modern Commercial Speech Doctrine - Forward: The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, Ronald K.L. Collins, David M. Skover

Case Western Reserve Law Review

No abstract provided.


The Strange Career Of Race Discrimination In Antebellum Ohio, Paul Finkelman Jan 2004

The Strange Career Of Race Discrimination In Antebellum Ohio, Paul Finkelman

Case Western Reserve Law Review

No abstract provided.


Identification And Characterization Of A Nontypeable Haemophilus Influenzae Putative Toxin-Antitoxin Locus, Dayle A. Daines, Justin Jarisch, Arnold L. Smith Jan 2004

Identification And Characterization Of A Nontypeable Haemophilus Influenzae Putative Toxin-Antitoxin Locus, Dayle A. Daines, Justin Jarisch, Arnold L. Smith

Biological Sciences Faculty Publications

Background: Certain strains of an obligate parasite of the human upper respiratory tract, nontypeable Haemophilus influenzae (NTHi), can cause invasive diseases such as septicemia and meningitis, as well as chronic mucosal infections such as otitis media. To do this, the organism must invade and survive within both epithelial and endothelial cells. We have identified a facilitator of NT(Hi) survival inside human cells, virulence-associated protein D (vapDHi, encoded by gene H10450). Both vapDHi and a flanking gene, H10451, exhibit the genetic and physical characteristics of a toxin/antitoxin ( TA) locus, with VapDHi serving as the …


Isolation And Characterization Of Mycobacteria From Striped Bass Morone Saxatilis From The Chesapeake Bay, Martha W. Rhodes, Howard Kator, Ilsa Kaattari, David Gauthier, Wolfgang Vogelbein, Christopher A. Ottinger Jan 2004

Isolation And Characterization Of Mycobacteria From Striped Bass Morone Saxatilis From The Chesapeake Bay, Martha W. Rhodes, Howard Kator, Ilsa Kaattari, David Gauthier, Wolfgang Vogelbein, Christopher A. Ottinger

Biological Sciences Faculty Publications

Mycobacteriosis in striped bass Morone saxatilisof Chesapeake Bay, USA, was first diagnosed in 1997 based on the presence of granulomatous inflammation and acid-fast bacteria in skin and spleen. To confirm histopathology, bacteriological detection and identification of mycobacteria were begun using splenic tissue from fish with and without skin ulcerations. On the basis of initial studies using a variety of selective and nonselective media, decontamination, homogenization and incubation conditions, a simple and quantitative recovery method using aseptic necropsy of splenic tissue was developed. Optimal recovery was obtained by spread-plating homogenates on Middlebrook 7H10 agar with incubation for 3 mo at …


Evolutionary Divergence In Developmental Strategies And Neuromodulatory Control Systems Of Two Amphibian Locomotor Networks, Simon D. Merrywest, David L. Mclean, James T. Buchanan, Keith T. Sillar Jan 2004

Evolutionary Divergence In Developmental Strategies And Neuromodulatory Control Systems Of Two Amphibian Locomotor Networks, Simon D. Merrywest, David L. Mclean, James T. Buchanan, Keith T. Sillar

Biological Sciences Faculty Research and Publications

Attempts to understand the neural mechanisms which produce behaviour must consider both prevailing sensory cues and the central cellular and synaptic changes they direct. At each level, neuromodulation can additionally shape the final output. We have investigated neuromodulation in the developing spinal motor networks in hatchling tadpoles of two closely related amphibians, Xenopus laevis and Rana temporaria to examine the subtle differences in their behaviours that could be attributed to their evolutionary divergence.

At the point of hatching, both species can swim in response to a mechanosensory stimulus, however Rana embryos often display a more forceful, non-locomotory coiling behaviour. Whilst …


Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario Jan 2004

Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario

All Faculty Scholarship

The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ambiguities caused by the attorney's negligence …


Expanding Tree Adjoining Grammar To Create Junction Grammar Trees, Deryle W. Lonsdale, Ronald Millett Jan 2004

Expanding Tree Adjoining Grammar To Create Junction Grammar Trees, Deryle W. Lonsdale, Ronald Millett

Faculty Publications

Junction Grammar (JG) combines junction operators, multiple linked syntax/semantics trees, and flexible traversal algorithms. The multiple tree and flexible ordering characteristics of MC-TAG and other TAG extensions are somewhat analogous. This paper proposes that these similarities can be integrated to form a new approach, JG-TAG. Relevant aspects of both theories and the proposed new model are discussed in turn, and representative examples are sketched.


Do Out-Of-State Buyers Pay More For Real Estate? An Examination Of Anchoring-Induced Bias And Search Costs, Val E. Lambson, Grant R. Mcqueen, Barrett A. Slade Jan 2004

Do Out-Of-State Buyers Pay More For Real Estate? An Examination Of Anchoring-Induced Bias And Search Costs, Val E. Lambson, Grant R. Mcqueen, Barrett A. Slade

Faculty Publications

We explore the questions of whether and why out-of-state buyers pay more for real estate than their in-state counterparts. Theoretically, we develop a model capable of explaining a premium if out-of-state buyers have high search costs, upwardly biased beliefs about prices or an unusually short time horizon to purchase. Empirically, we find that out-of-state buyers pay a statistically significant and economically meaningful premium for apartment complexes in the Phoenix area. We also find some evidence consistent with the premium being driven by high search costs, biased beliefs (anchoring) and haste associated with out-of-state buyers.


Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton Jan 2004

Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton

All Faculty Scholarship

This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of contemporary journalism, particularly with respect to the propertization of news. Part II traces the history of copyright protection for news from its origins in censorship to the American copyright regime today, with emphasis on the run up to the 1909 amendments that first codified protection for newspapers. Part III advocates the moral …


Microfinance: A Comprehensive Review Of The Existing Literature, James C. Brau, Gary M. Woller Jan 2004

Microfinance: A Comprehensive Review Of The Existing Literature, James C. Brau, Gary M. Woller

Faculty Publications

Although the word finance is in the term microfinance, and the core elements of microfinance are those of the finance discipline, microfinance has yet to break into the mainstream or entrepreneurial finance literature. The purpose of this article is to introduce the finance academic community to the discipline of microfinance and microfinance institutions (MFIs). We provide a comprehensive review of over 350 articles and address the issues of MFI sustainability, products and services, management practices, clientele targeting, regulation and policy, and impact assessment.


Corporate Governance And Dividend Policy In Emerging Markets, Todd Mitton Jan 2004

Corporate Governance And Dividend Policy In Emerging Markets, Todd Mitton

Faculty Publications

In a sample of 365 firms from 19 countries, I show that firms with stronger corporate governance have higher dividend payouts, consistent with agency models of dividends. In addition, the negative relationship between dividend payouts and growth opportunities is stronger among firms with better governance. I also show that firms with stronger governance are more profitable, but that greater profitability explains only part of the higher dividend payouts. The positive relationship between corporate governance and dividend payouts is limited primarily to countries with strong investor protection, suggesting that firm-level corporate governance and country-level investor protection are complements rather than substitutes.


Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner Jan 2004

Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner

All Faculty Scholarship

This piece is intended to show Japanese law students how their own everyday experiences raise significant domestic and international legal questions. It shows that a seemingly technical matter need not be boring, but can provide an example of practical application of law internationally and of the benefits that knowledge of foreign law can bring in assisting in understanding and improving domestic law. It discusses standard terms in licenses of information and software.


Comparative Life Histories Of Georgia And Virginia Cotton Rats, Bradley J. Bergstrom, Robert K. Rose Jan 2004

Comparative Life Histories Of Georgia And Virginia Cotton Rats, Bradley J. Bergstrom, Robert K. Rose

Biological Sciences Faculty Publications

Adult hispid cotton rats (Sigmodon hispidus) were collected from the field monthly for >2 years from populations near the northern edge of their range in Virginia and contemporaneously from south-central Georgia. Body measurements and weights were taken at capture, and after dissection embryos, corpora lutea, and placental scars were counted and measured; testes and seminal vesicles were dissected out, measured, and weighed. This allowed comparison of several life-history parameters between the populations and tests of several life-history hypotheses. The breeding season was up to 2 months longer in Georgia than in Virginia, where there was typically a 3-month …


Hermeneutics, Steelman Library Jan 2004

Hermeneutics, Steelman Library

Syllabus Repository

No abstract provided.


Hermeneutics, Gerry White Jan 2004

Hermeneutics, Gerry White

Syllabus Repository

No abstract provided.


Life Of Christ, William Hackett Jan 2004

Life Of Christ, William Hackett

Syllabus Repository

No abstract provided.


Old Testament Survey, Steelman Library, G White Jan 2004

Old Testament Survey, Steelman Library, G White

Syllabus Repository

No abstract provided.


Utah's Plight: A Passage Through The Great Depression, Joseph F. Darowski Jan 2004

Utah's Plight: A Passage Through The Great Depression, Joseph F. Darowski

Theses and Dissertations

The Great Depression marked a fateful passage in the annals of the American people. President Roosevelt's New Deal, the nation's signature response, proved to be a determined but erratic reaction. Against the backdrop of a nation deeply mired in an unrelenting international depression, dramatic events played themselves out in the lives of the men and women of Utah. Throughout, fidelity to principles of independence, self-reliance, and self-sufficiency were sorely challenged.

The people of Utah found succor in two almost diametrically opposed responses. The New Deal offered an amalgam of programs and panaceas through which the federal government attempted to deliver …


Operational Hedging: A Review With Discussion, Onur Boyabatli, L. Beril Toktay Jan 2004

Operational Hedging: A Review With Discussion, Onur Boyabatli, L. Beril Toktay

Research Collection Lee Kong Chian School Of Business

Motivated by the increasing prevalence of operational hedging in corporate-level risk management programs, this paper provides an extensive overview and synthesis of the existing literature on operational hedging. In particular, we focus on the treatment of operational hedging in the operations management literature. We then explore how the concept of operational hedging is studied in the fields of finance, strategy and international business. Finally, we discuss and critique the approaches adopted in the operations management literature in the context of the broader literature on the topic.


Metaheuristics With Local Search Techniques For Retail Shelf-Space Optimization, Andrew Lim, Brian Rodrigues, Xingwen Zhang Jan 2004

Metaheuristics With Local Search Techniques For Retail Shelf-Space Optimization, Andrew Lim, Brian Rodrigues, Xingwen Zhang

Research Collection Lee Kong Chian School Of Business

Efficient shelf-space allocation can provide retailers with a competitive edge. While there has been little study on this subject, there is great interest in improving product allocation in the retail industry. This paper examines a practicable linear allocation model for optimizing shelf-space allocation. It extends the model to address other requirements such as product groupings and nonlinear profit functions. Besides providing a network flow solution, we put forward a strategy that combines a strong local search with a metaheuristic approach to space allocation. This strategy is flexible and efficient, as it can address both linear and nonlinear problems of realistic …


From Dramaturgy To Theatre As Technology: The Case Of Corporate Theatre, Timothy Adrian Robert Clark, Iain Mangham Jan 2004

From Dramaturgy To Theatre As Technology: The Case Of Corporate Theatre, Timothy Adrian Robert Clark, Iain Mangham

Research Collection Lee Kong Chian School Of Business

This article examines a piece of corporate theatre. Although theatre has entered organization studies through the dramatistic writing of Kenneth Burke and the dramaturgical writings of Erving Goffman, this article is concerned with an approach variously described as organizational, radical, situation or corporate theatre that treats theatre not primarily as a resource, an ontology or a metaphor but as a technology. This approach involves the deployment by an organization of dramatists, actors, directors, set designers, lighting specialists, and musicians to put on performances in front of audiences. Using frameworks derived from studies of theatre a particular piece of corporate theatre …


What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat Jan 2004

What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat

Faculty Scholarship

Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.


Faculty Roles And Rewards: Recommendations On A Faculty Effort Assignment Model, Georgia Southern University Jan 2004

Faculty Roles And Rewards: Recommendations On A Faculty Effort Assignment Model, Georgia Southern University

Faculty Senate: Index

No abstract provided.


President's Page, Samantha K. Hastings Jan 2004

President's Page, Samantha K. Hastings

Faculty Publications

No abstract provided.


Predicting Dynamics Of Aggregate Loafing Behavior In Glaucous-Winged Gulls (Larus Glaucescens) At A Washington Colony, Shandelle M. Henson, James L. Hayward, Christina M. Burden, Clara J. Logan, Joseph G. Galusha Jan 2004

Predicting Dynamics Of Aggregate Loafing Behavior In Glaucous-Winged Gulls (Larus Glaucescens) At A Washington Colony, Shandelle M. Henson, James L. Hayward, Christina M. Burden, Clara J. Logan, Joseph G. Galusha

Faculty Publications

Seabirds move throughout the day in changing, patchy environments as they engage in various behaviors. We studied the diurnal abundance dynamics of Glaucous-winged Gulls (Larus glaucescens) in a habitat patch dedicated to loafing in the Strait of Juan de Fuca, Washington. We constructed three differential equation models as alternative hypotheses and then used model selection techniques to choose the one that most accurately described the system. We validated the model on an independent data set, made a priori model predictions, and conducted a field test of the predictions. Clear dynamic patterns emerged in the abundance of loafing gulls, even though …


Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain Jan 2004

Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain

Law Faculty Publications

With last fall marking the fiftieth anniversary of Earl Warren's appointment as Chief Justice, enough time has passed to place the criminal procedure revolution in proper historical perspective and rethink the Court's role there as countermajoritarian hero. In the discussion that follows, I aim to do that by examining five of the revolution's most celebrated decisions: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Katz v. United States, and Terry v. Ohio. In none of these cases, I argue, did the Supreme Court act in a manner truly deserving of its countermajoritarian image. To be clear, I do not …


The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr. Jan 2004

The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …


Doing Right By Charles Alan Wright, Carl W. Tobias Jan 2004

Doing Right By Charles Alan Wright, Carl W. Tobias

Law Faculty Publications

Review of Charles Alan Wright & Mary Kay Kane, Law of Federal Courts (6th ed. 2002)


Brown's Legacy At Fifty, Carl W. Tobias Jan 2004

Brown's Legacy At Fifty, Carl W. Tobias

Law Faculty Publications

Review of James T. Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001)