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2004

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A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig Dec 2004

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Law and Contemporary Problems

Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.


2004 Vol. 53 No. 3, Cleveland-Marshall College Of Law Dec 2004

2004 Vol. 53 No. 3, Cleveland-Marshall College Of Law

2000s

No abstract provided.


George Mason: Slave Owning Virginia Planter As Slavery Opponent?, Louis Bellamy Dec 2004

George Mason: Slave Owning Virginia Planter As Slavery Opponent?, Louis Bellamy

Masters Theses & Specialist Projects

The present work investigates the often cited, but poorly supported, notion that Founding Father George Mason was a wealthy, slave-owning Virginian who vehemently opposed slavery. Utilizing Mason's state papers, letters, and other documents, as well as contemporaries' accounts of his speeches, this work will analyze those records' contextual construction, and it will deconstruct both Mason's written and spoken words and his actions and inactions relative to slavery. The goal of this effort is to determine whether Mason, who ostensibly played such an instrumental role in the development of the "rights" of Americans, and who remained a slaveholder—thereby trampling the rights …


Faculty Senate Monthly Packet December 2004, Portland State University Faculty Senate Dec 2004

Faculty Senate Monthly Packet December 2004, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The December 2004 Monthly packet includes the December agenda and appendices and the Faculty Senate minutes and attachments from the meeting held November 2004.


The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book Dec 2004

The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book

Working Paper Series

This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.

Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …


European Principles Governing National Administrative Proceedings, Claudio Franchini Dec 2004

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.


Measuring Student Well-Being In The Context Of Australian Schooling : Discussion Paper, Julian Fraillon Dec 2004

Measuring Student Well-Being In The Context Of Australian Schooling : Discussion Paper, Julian Fraillon

Wellbeing

This report was commissioned by the South Australian Department of Education and Children's Services as an agent of the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA). The report constitutes Phase 1 of a planned two phase process. Specifically this report defines a measurement construct for student well-being; outlines a methodology for measuring student well-being; and provides recommendations for ongoing work in the measuring, reporting and monitoring of student well-being (Phase 2).


Richmond Music Journal (2004-12/2005-01) Dec 2004

Richmond Music Journal (2004-12/2005-01)

Richmond Music Journal

No abstract provided.


Legal Indeterminancy, Politics, And The Supreme Court: Ciritical Legal Studies And Lawrence V. Texas, Taylor M. Dix Dec 2004

Legal Indeterminancy, Politics, And The Supreme Court: Ciritical Legal Studies And Lawrence V. Texas, Taylor M. Dix

Sigma: Journal of Political and International Studies

No abstract provided.


Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori Dec 2004

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Discovery Of The Near-Ir Afterglow And Of The Host Of Grb 030528, A. Rau, J. Greiner, S. Klose, M. Salvato, J. M. Castro Cerón, Dieter H. Hartmann, A. Fruchter, A. Levan, N. R. Tanvir, J. Gorosabel Dec 2004

Discovery Of The Near-Ir Afterglow And Of The Host Of Grb 030528, A. Rau, J. Greiner, S. Klose, M. Salvato, J. M. Castro Cerón, Dieter H. Hartmann, A. Fruchter, A. Levan, N. R. Tanvir, J. Gorosabel

Publications

The rapid dissemination of an arcmin-sized HETE-2 localization of the long-duration X-ray flash GRB 030528 led to a ground-based multi-observatory follow-up campaign. We report the discovery of the near-IR afterglow, and also describe the detection of the underlying host galaxy in the optical and near-IR bands. The afterglow is classified as “optically dark” as it was not detected in the optical band. The K-band photometry presented here suggests that the lack of optical detection was simply the result of observational limitations (lack of rapid and deep observations plus high foreground extinction). Simple power law fits to the afterglow in the …


West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek Dec 2004

West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek

Zoonotics and Wildlife Disease: Publications

BACKGROUND: A case of West Nile virus (WNV) encephalitis associated with transfusion of blood that did not react when tested for WNV by minipool (MP) nucleic acid testing (NAT) is described. A Nebraska man developed clinical encephalitis 13 days after surgery and transfusion of 26 blood components. Antibody testing confirmed WNV infection. An investigation was initiated to determine the source of this infection.

STUDY DESIGN AND METHODS: The patient’s family members were interviewed to identify risk factors for WNV infection. Residual samples were retested for WNV RNA using transcription-mediated amplification (TMA) assay and two polymerase chain reaction (PCR) assays. Blood …


Calling The Internet Bluff: The Interplay Between Advertising And Internet Gambling, Lauren Hannon Dec 2004

Calling The Internet Bluff: The Interplay Between Advertising And Internet Gambling, Lauren Hannon

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Www.Whatsina.Name, Anthony M. Verna Iii Dec 2004

Www.Whatsina.Name, Anthony M. Verna Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno Dec 2004

Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Glass Ceiling Employment And Racial Discrimination In Hiring For The Head Coaching Position In The National Football League, Erin Scanga Dec 2004

Glass Ceiling Employment And Racial Discrimination In Hiring For The Head Coaching Position In The National Football League, Erin Scanga

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi Dec 2004

Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Separate And Concomitant Use Of Lamotrigine, Lithium, And Divalproex In Bipolar Disorders., Daniel Z Lieberman, Frederick K Goodwin Dec 2004

Separate And Concomitant Use Of Lamotrigine, Lithium, And Divalproex In Bipolar Disorders., Daniel Z Lieberman, Frederick K Goodwin

Psychiatry and Behavioral Sciences Faculty Publications

Expert consensus emphasizes the need for better recognition and accurate diagnosis of bipolar disorder. Current research on lithium, divalproex, and lamotrigine provides new insight into the effective management of this illness. Advances in identifying the mechanism of action of mood stabilization has focused on signaling pathways within the cell that are associated with neurotrophic effects. Clinical research has led to confirmatory evidence of the efficacy of lithium in all phases of bipolar disorder, with the greatest effects seen in the treatment and prevention of mania. Compared to divalproex, lithium also has been found to have greater efficacy in the prevention …


The Regional Capacity And Possible Expansion Of Holloman Afb, New Mexico: 2004, David A. Schauer, Dennis L. Soden, Brent Mccune, David Coronado Dec 2004

The Regional Capacity And Possible Expansion Of Holloman Afb, New Mexico: 2004, David A. Schauer, Dennis L. Soden, Brent Mccune, David Coronado

IPED Technical Reports

No abstract provided.


West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady D. Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek Dec 2004

West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady D. Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek

United States Public Health Resources

BACKGROUND: A case of West Nile virus (WNV) encephalitis associated with transfusion of blood that did not react when tested for WNV by minipool (MP) nucleic acid testing (NAT) is described. A Nebraska man developed clinical encephalitis 13 days after surgery and transfusion of 26 blood components. Antibody testing confirmed WNV infection. An investigation was initiated to determine the source of this infection.
STUDY DESIGN AND METHODS: The patient’s family members were interviewed to identify risk factors for WNV infection. Residual samples were retested for WNV RNA using transcription-mediated amplification (TMA) assay and two polymerase chain reaction (PCR) assays. Blood …


Leading Progressive Women To Victory In Minnesota, 2002-2004: A Journey Back From Electoral Losses For Lawmakers, Glenda Crank Holste Dec 2004

Leading Progressive Women To Victory In Minnesota, 2002-2004: A Journey Back From Electoral Losses For Lawmakers, Glenda Crank Holste

Theses and Graduate Projects

Minnesota's 2002 elections were a disaster for progressive women, those who support abortion rights and believe that government has a key role in making social improvements. In 2002 no progressive woman was elected to statewide office, and three key senators and four progressive representatives lost their re-election bids.

This research asks: Where and why has leadership emerged that helps progressive women regain ground in the Minnesota House of Representatives and adds Minnesota women to Congress?

In 2004, the DFL propelled five new women to the House, four over Republican women, and congressional races featured a record number of major party …


A Matter Of Perspective, Penny J. White Dec 2004

A Matter Of Perspective, Penny J. White

First Amendment Law Review

No abstract provided.


Judicial Elections, Gene R. Nichol Dec 2004

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.


When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll Dec 2004

When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll

First Amendment Law Review

No abstract provided.


Regulatory Taxings, Eduardo Peñalver Dec 2004

Regulatory Taxings, Eduardo Peñalver

Articles

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …


Criminal Law, Laura D. Hogue, Franklin J. Hogue Dec 2004

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this year's survey of criminal law in Georgia, we selected only cases in which a new rule of law was announced, a case of first impression was presented, a case with unusual or interesting facts was presented, or the case, while saying nothing new, set forth well-established law about topics that we could all use a reminder of from time to time.


Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer Dec 2004

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."


Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough Dec 2004

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …


Eastern Highlands And Upper Ohio River Valley, Victor W. Fazio Iii, Nick Pulcinella Dec 2004

Eastern Highlands And Upper Ohio River Valley, Victor W. Fazio Iii, Nick Pulcinella

North American Birds

No abstract provided.


The Proceedings Of The European Ombudsman, Simone Cadeddu Dec 2004

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.