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2004

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Reparations And Unjust Enrichment, Emily Sherwin Dec 2004

Reparations And Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle for reparations claims based on slavery and similar large-scale historical injustices. The justifying principle behind restitution—prevention of unjust enrichment—lacks the moral force necessary to resolve a controversial public dispute about moral rights and obligations among segments of society. At its core, a claim to restitution is an attempt to right a wrong not by alleviating the adverse consequences to oneself, but by diminishing the position of others. In other words, the notion of unjust enrichment is a comparative idea that draws on resentment and the desire …


Preferences For Processes: The Process/Product Distinction And The Regulation Of Consumer Choice, Douglas A. Kysar Dec 2004

Preferences For Processes: The Process/Product Distinction And The Regulation Of Consumer Choice, Douglas A. Kysar

Cornell Law Faculty Publications

This Article examines a conceptual distinction between product-related information (such as whether a consumer good threatens to harm its user) and process-related information (such as whether a good’s production harmed workers, animals, or the environment) that has appeared in various guises within international trade law; domestic environmental, health, and safety regulation; and constitutional commercial speech jurisprudence. This process/product distinction tends to dismiss information concerning processes as unworthy of attention from consumers or regulators, at least so long as the processes at issue do not manifest themselves in the physical or compositional characteristics of resulting end products. Proponents have offered the …


Labor Surplus Economies, Gustav Ranis Dec 2004

Labor Surplus Economies, Gustav Ranis

Discussion Papers

No abstract provided.


North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty Dec 2004

North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty

First Amendment Law Review

No abstract provided.


The Spouse In The House: What Explains The Marriage Gap In Canada?, J. Matthew Wilson, Michael Lusztig Dec 2004

The Spouse In The House: What Explains The Marriage Gap In Canada?, J. Matthew Wilson, Michael Lusztig

Political Science Research

A literature has emerged in American voting studies noting a “marriage gap”—the propensity for married voters to support the Republican party. Using Canadian Election Study data, we establish the existence of a significant marriage gap in Canada. We also seek to determine if the marriage gap is driven by socio-demographic factors or attitudinal ones. We find that while socio-demographic factors contribute to the marriage gap, they explain relatively little variance. In probing the attitudinal basis of the marriage gap further, we find that married Canadians differ from the unwed very strongly on issues of moral traditionalism, but much less so …


Felony Tax Evasion Under I.R.C. § 7201, Vishal Amin Dec 2004

Felony Tax Evasion Under I.R.C. § 7201, Vishal Amin

Law Library Student-Authored Works

No abstract provided.


Georgia Condominium And Community Association Law: A Research Guide, Jed Morton Dec 2004

Georgia Condominium And Community Association Law: A Research Guide, Jed Morton

Law Library Student-Authored Works

No abstract provided.


Vol. 3, No. 01 (December 2004) Dec 2004

Vol. 3, No. 01 (December 2004)

Indiana Law Update

No abstract provided.


December 2004, University Of Mississippi. Faculty Senate Dec 2004

December 2004, University Of Mississippi. Faculty Senate

Meeting Minutes

Minutes for the December 2004 meeting of the University of Mississippi Faculty Senate.


Child Pornography: Patterns From Nibrs., David Finkelhor, Richard Ormrod Dec 2004

Child Pornography: Patterns From Nibrs., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

Presents findings from the FBI’s National Incident-Based Reporting System (NIBRS). By collecting data on pornography/obscene material offenses from law enforcement jurisdictions, NIBRS enables researchers to draw conclusions about the number, locations, and characteristics of these crimes. NIBRS data suggest that approximately 2,900 crime incidents of pornography with juvenile involvement were known to state and local police in 2000; these offenses most often were committed by a lone adult male offender, occurred in a residence, and did not involve a computer. Currently, NIBRS data represent about 14 percent of the population. As more jurisdictions support uniform reporting of accurate data to …


Opportunities To Expedite The Construction Of New Coal-Based Power Plants, Robert Card, E. Linn Draper, Michael Mudd Dec 2004

Opportunities To Expedite The Construction Of New Coal-Based Power Plants, Robert Card, E. Linn Draper, Michael Mudd

National Coal Council Reports

No abstract provided.


Documents From The December 1, 2004 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students Dec 2004

Documents From The December 1, 2004 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

ASUM Senate Documents, 1919-2007

Documents from the December 1, 2004 meeting of the Associated Students of the University of Montana (ASUM), including an agenda and meeting minutes with associated exhibit documents.


An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr Dec 2004

An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr

First Amendment Law Review

No abstract provided.


Vol. 22, Sigma: Journal Of Political And International Studies, Sigma: Journal Of Political And International Studies Studies Dec 2004

Vol. 22, Sigma: Journal Of Political And International Studies, Sigma: Journal Of Political And International Studies Studies

Sigma: Journal of Political and International Studies

No abstract provided.


Vol. 06 No. 2 Journal Of Microfinance, Journal Of Microfinance Dec 2004

Vol. 06 No. 2 Journal Of Microfinance, Journal Of Microfinance

Journal of Microfinance / ESR Review

No abstract provided.


Cold Climate Case Study; High Efficiency North Dakota Twin Homes, Florida Solar Energy Center, Dave Chasar Dec 2004

Cold Climate Case Study; High Efficiency North Dakota Twin Homes, Florida Solar Energy Center, Dave Chasar

FSEC Energy Research Center®

The Eastern Dakota Housing Alliance has completed 8 of 20 planned multi-family and single-family dwellings on Selkirk Circle in Grand Forks, North Dakota. Four twin-home (duplex) units were completed in March of 2003 (Phase I) and four more identical units were completed in February of 2004 (Phase II). Four additional units (Phase III) are due for completion by mid-summer, 2004. Design assistance and performance testing were provided by the Building America Industrialized Housing Project with the goal of achieving up to 50% energy savings over the 1993 Model Energy Code.

To approach this level of savings, various envelope and equipment …


The Multi-Layered Interval Categorizer Tesselation-Based Model, Marilton S. De Aguiar, Gracaliz P. Dimuro, Antonio C. Da Rocha Costa, Rafael K.S. Silva, Fabia A. Da Costa, Vladik Kreinovich Dec 2004

The Multi-Layered Interval Categorizer Tesselation-Based Model, Marilton S. De Aguiar, Gracaliz P. Dimuro, Antonio C. Da Rocha Costa, Rafael K.S. Silva, Fabia A. Da Costa, Vladik Kreinovich

Departmental Technical Reports (CS)

No abstract provided.


Realizing Mission Objectives: A Promising Approach To Measuring The Social Performance Of Microfinance Institutions, Katarzyna Pawlak, Michal Matul Dec 2004

Realizing Mission Objectives: A Promising Approach To Measuring The Social Performance Of Microfinance Institutions, Katarzyna Pawlak, Michal Matul

Journal of Microfinance / ESR Review

This paper proposes a new approach for measuring the social performance of microfinance institutions. The key to developing sustainable social performance measurement (SPM) systems and practices is to consider their design from the perspective of the organizational mission. The fact that the SPM system is built on the organizational mission ensures its cost-effectiveness and facilitates its institutionalization. It not only stimulates an MFI to verify the fulfilment of its social mission and to innovate in the search for optimal solutions to address development needs in a given intervention context, but it also can improve its financial condition through client segmentation …


Davey And The Limits Of Equality, Laura S. Underkuffler Dec 2004

Davey And The Limits Of Equality, Laura S. Underkuffler

Tulsa Law Review

No abstract provided.


Of Government Funding, Religious Institutions, And Neutrality: Seeing The Charitable-Choice Debate Through The Lens Of Arrow's Impossibility Theorem, Christopher C. Lund Dec 2004

Of Government Funding, Religious Institutions, And Neutrality: Seeing The Charitable-Choice Debate Through The Lens Of Arrow's Impossibility Theorem, Christopher C. Lund

Tulsa Law Review

No abstract provided.


Locke V. Davey In Historical Perspective: A Brief Introduction, Paul Finkelman, Carol A. Hudson Dec 2004

Locke V. Davey In Historical Perspective: A Brief Introduction, Paul Finkelman, Carol A. Hudson

Tulsa Law Review

No abstract provided.


Joint Evaluation Of Mine Action In Cambodia For The Donor Working Group On Mine Action, Robert Griffin, Robert Keeley Dec 2004

Joint Evaluation Of Mine Action In Cambodia For The Donor Working Group On Mine Action, Robert Griffin, Robert Keeley

Global CWD Repository

This report presents the findings and recommendations of the Joint Evaluation of the Mine Action Sector in Cambodia to the Royal Cambodian Government and the donor Technical Working Group on Mine Action. The objectives of this evaluation are to provide an independent assessment of the achievements and challenges of the mine action sector in Cambodia; to present strategic recommendations for the orientation of future donor support to the sector, taking into account the need to strengthen the linkages between the mine action sector and national development plans and programmes; and to provide a common basis for a renewed donor-government partnership …


The Other Side Of Silence: Rachel Carson’S Views Of Animals, Marc Bekoff, Jan Nystrom Dec 2004

The Other Side Of Silence: Rachel Carson’S Views Of Animals, Marc Bekoff, Jan Nystrom

Animal Welfare Collection

The publication of Rachel Carson’s Silent Spring in 1962 is widely regarded as one of the major events that launched the modern environmental movement. Silent Spring is a compelling blend of stories, natural history, human values, and biological facts. In this essay we consider Carson’s attitude toward animals in Silent Spring and in other texts. Despite the facts that she was raised to love Nature and animals, little direct attention has been given to Carson’s views about our moral responsibilities to, and the moral standing of animals. Carson favored responsible stewardship, was more of an animal welfarist and environmentalist/conservation biologist …


The Paradox Of Civil War, Stephen D. Biddle Dr. Dec 2004

The Paradox Of Civil War, Stephen D. Biddle Dr.

Articles & Editorials

Each month a member of the SSI faculty writes an editorial for our monthly newsletter. This is the Op-Ed for the December 2004 newsletter.


Evidence For Microbial Enhanced Electrical Conductivity In Hydrocarbon-Contaminated Sediments, Estella A. Atekwana, Eliot A. Atekwana, D. Dale Werkema, Jonathan P. Allen, Laura A. Smart, Joseph W. Duris, Daniel P. Cassidy, William A. Sauck, Silvia Rossbach Dec 2004

Evidence For Microbial Enhanced Electrical Conductivity In Hydrocarbon-Contaminated Sediments, Estella A. Atekwana, Eliot A. Atekwana, D. Dale Werkema, Jonathan P. Allen, Laura A. Smart, Joseph W. Duris, Daniel P. Cassidy, William A. Sauck, Silvia Rossbach

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

Bulk electrical conductivity of sediments during microbial mineralization of diesel was investigated in a mesoscale laboratory experiment consisting of biotic contaminated and uncontaminated columns. Population numbers of oil degrading microorganisms increased with a clear pattern of depth zonation within the contaminated column not observed in the uncontaminated column. Microbial community structure determined from ribosomal DNA intergenic spacer analysis showed a highly specialized microbial community in the contaminated column. The contaminated column showed temporal increases in bulk conductivity, dissolved inorganic carbon, and calcium, suggesting that the high bulk conductivity is due to enhanced mineral weathering from microbial activity. The greatest change …


Implementing A Social Norms Approach To Reduce Alcohol Abuse On Campus: Lessons Learned In The Shadow Of "The World's Largest Six-Pack", Douglas J. Swanson, Kristine M. Zegers, Aaron A. Zwaska Dec 2004

Implementing A Social Norms Approach To Reduce Alcohol Abuse On Campus: Lessons Learned In The Shadow Of "The World's Largest Six-Pack", Douglas J. Swanson, Kristine M. Zegers, Aaron A. Zwaska

Journalism

Many institutions of higher education are struggling with the problem of excessive alcohol consumption by students. Colleges and universities want to be ‘good neighbors’ in their communities and must limit legal and social risks that result from excessive alcohol consumption by students. At the same time, colleges and universities operate in an increasingly challenging marketplace where many prospective students seek out institutions with a ‘party school’ reputation. Thus, higher education institutions are finding it difficult to define and carry out alcohol reduction measures that satisfy all constituents. This article discusses the approach taken at the University of Wisconsin—La Crosse. UW-L …


The Jewish Face Of Adventism, Jacques B. Doukhan Dec 2004

The Jewish Face Of Adventism, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.


Island Times, Dec 2004 - Jan 2005, Mary Lou Wendell, David Tyler Dec 2004

Island Times, Dec 2004 - Jan 2005, Mary Lou Wendell, David Tyler

Island Times Newspaper, 2004

No abstract provided.


Vulnerable Trade: The Dark Side Of An Edgeworth Box, Charles Anderton, John Carter Dec 2004

Vulnerable Trade: The Dark Side Of An Edgeworth Box, Charles Anderton, John Carter

Economics Department Working Papers

We examine incentives to seize and defend goods offered for trade in an Edgeworth box economy. Appropriation possibilities generate an equilibrium of coerced redistribution and voluntary trade in a reduced box. Potential mutual gains remain untaken because the prospect of piracy creates a price wedge, wherein the effective relative price is lowered for the exporter and raised for the importer. As the vulnerability of one or both goods increases, the price wedge widens, causing trade to diminish. If vulnerability becomes sufficiently high, then trade and appropriation are driven to zero, or one or both players are rendered indifferent to trade.


Currencies, Identities, Free Banking, And Growth In Early Twentieth Century Manchuria, Thomas Gottschang Dec 2004

Currencies, Identities, Free Banking, And Growth In Early Twentieth Century Manchuria, Thomas Gottschang

Economics Department Working Papers

From 1906 until 1931, Manchuria – Northeast China - was a complex patchwork of Chinese, Japanese, and Russian spheres of control. Since political authority was fragmented, none of the governments was capable of establishing a central bank with a monopoly over the money supply. Multiple currencies were in use, ranging from strings – tiao- of traditional Chinese copper cash, to silver dollars (yuan) from Mexico, China, and Japan, to Russian rubles (which crashed in value after the 1917 Bolshevik Revolution), and miscellaneous paper currencies of varying stability. The modern banks established under national and private auspices to serve the commercial …