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2004

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Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman Dec 2004

Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman

Georgia State University Law Review

No abstract provided.


Dayton Business Leader, Winter 2004-05, University Of Dayton Dec 2004

Dayton Business Leader, Winter 2004-05, University Of Dayton

Dayton Business Leader

The Dayton Business Leader, published out of the Office of Public Relations, later University Communications, then University Marketing and Communications, provided news from the University of Dayton School of Business Administration to alumni and friends. It was published from the late 1990s to about 2010.


Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati Dec 2004

Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati

Chicago-Kent Law Review

The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …


Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe Dec 2004

Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe

Chicago-Kent Law Review

The Article explores ways to ensure the future economic viability and the territorial integrity of Kosovo, whether as an independent state or as an entity with autonomous powers under the sovereignty of Serbia. The Article discusses the experiences of the European Union and MERCOSUR economic integration projects that have led to permanent peaceful relations among the participating countries, and contributed to overcoming historically bitter rivalries and conflicts. In examining the EU experience, the Article explores how supranational institutions coupled with the concept of subsidiarity have heightened regional autonomy within existing national states and made demands for secession both redundant and …


The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci Dec 2004

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.


A Strategy For Renewing Franchise Negotiations In Kosovo, Matthew V. Topic Dec 2004

A Strategy For Renewing Franchise Negotiations In Kosovo, Matthew V. Topic

Chicago-Kent Law Review

A group of Kosovar entrepreneurs recently attempted to purchase a franchise of a U.S. business. While the presence of such a business would benefit Kosovar economic development, the Kosovar entrepreneurs were quickly denied by the U.S. company. It is unclear, however, whether U.S. trademarks are protected against unauthorized use in Kosovo, either under U.S. or Kosovar law, and it is possible that the entrepreneurs could use the franchise mark regardless of the rejection.

This Note explores the consequences of such unauthorized use. It examines both the uncertain nature of Kosovar trademark law and the nuances of extraterritorial application of the …


Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser Dec 2004

Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser

Chicago-Kent Law Review

The Federal Circuit has been widely criticized for unrelenting formalism. Perhaps because Congress charged the court with establishing national uniformity in areas of the law where uniformity was lacking, the Federal Circuit has often expressed a significant preference for bright-line rules. According to many critics, this preference has come at the expense of fairness. In two relatively recent decisions, the Federal Circuit has expanded its formalism into the area of contracts of adhesion, a topic it had not had the opportunity to consider before. This Note examines those two decisions, the formalistic approach taken by the Federal Circuit, and the …


Ke Alaka'i, Vol. 70, No. 13 (2004-12-01), Brigham Young University Hawaii Dec 2004

Ke Alaka'i, Vol. 70, No. 13 (2004-12-01), Brigham Young University Hawaii

Ke Alaka'i

No abstract provided.


The Importance Of Integrated Goal Setting: The Application Of Cost-Of-Capital Concepts To Private Firms, A. Frank Adams Iii, George E. Manners Jr, Joseph H. Astrachan, Pietro Mazzola Dec 2004

The Importance Of Integrated Goal Setting: The Application Of Cost-Of-Capital Concepts To Private Firms, A. Frank Adams Iii, George E. Manners Jr, Joseph H. Astrachan, Pietro Mazzola

Faculty Articles

In this article, we examine financial return, answer the question of how one knows when the return is adequate, and explore the relationship of short- and long-term returns as they relate to business health.


An Analysis Of Spectral Metrics For Hyperspectral Image Processing, Stefan A. Robila Dec 2004

An Analysis Of Spectral Metrics For Hyperspectral Image Processing, Stefan A. Robila

Department of Computer Science Faculty Scholarship and Creative Works

This paper investigates the efficiency of spectral metrics when used in spectral screening of hyperspectral imagery. Spectral screening is the technique of selecting from the data a subset of spectra such that any two spectra in the subset are dissimilar and, for any spectra in the original image cube, there is a similar spectra in the subset. The method can use various spectral metrics to characterize the similarity and can be seen as a data reduction step if the resulting subset is used in further computations instead of the full data. The investigation has focused on the comparison between spectral …


Second-Order Two-Dimensional Systems: Computing The Transfer Function, George E. Antoniou, Marinos T. Michael Dec 2004

Second-Order Two-Dimensional Systems: Computing The Transfer Function, George E. Antoniou, Marinos T. Michael

Department of Computer Science Faculty Scholarship and Creative Works

In this paper the discrete Fourier transform is used to determine the coefficients of a transfer function of a new two-dimensional model of second-order: x(i1 + 2, i2 + 2) = A0 x(i 1 + 1, i2 + 1) + A1x(i1 + 1, i 2) +A2x(i1, i2 + 1). The algorithm is straightforward and has been implemented using the software package Matlab™. Two step-by-step examples illustrating the application of the algorithm are presented. © 2004 FEI STU.


The Mistakes In Locke V. Davey And The Future Of State Payments For Services Provided By Religious Institutions, Thomas C. Berg, Douglas Laycock Dec 2004

The Mistakes In Locke V. Davey And The Future Of State Payments For Services Provided By Religious Institutions, Thomas C. Berg, Douglas Laycock

Tulsa Law Review

No abstract provided.


Locke V. Davey And The Lose-Lose Scenario: What Davey Could Have Said, But Didn't, Frank S. Ravitch Dec 2004

Locke V. Davey And The Lose-Lose Scenario: What Davey Could Have Said, But Didn't, Frank S. Ravitch

Tulsa Law Review

No abstract provided.


Locke V. Davey: States' Rights Meet The New Establishment Clause, Martin H. Belsky Dec 2004

Locke V. Davey: States' Rights Meet The New Establishment Clause, Martin H. Belsky

Tulsa Law Review

No abstract provided.


From Everson To Davey: The Road Is Long, With Many A Winding Turn, That Leads Us To Who Knows Where, Who Knows When, Carol A. Hudson Dec 2004

From Everson To Davey: The Road Is Long, With Many A Winding Turn, That Leads Us To Who Knows Where, Who Knows When, Carol A. Hudson

Tulsa Law Review

No abstract provided.


Mild Cognitive Impairment: Historical Development And Summary Of Research, James Golomb, Alan Kluger, Steven H. Ferris Dec 2004

Mild Cognitive Impairment: Historical Development And Summary Of Research, James Golomb, Alan Kluger, Steven H. Ferris

Publications and Research

This review article broadly traces the historical development, diagnostic criteria, clinical and neuropathological characteristics, and treatment strategies related to mild cognitive impairment (MCI), The concept of MCI is considered in the context of other terms that have been developed to characterize the elderly with varying degrees of cognitive impairment Criteria based on clinical global scale ratings, cognitive test performance, and performance on other domains of functioning are discussed. Approaches employing clinical, neuropsychological, neuroimaging, biological, and molecular genetic methodology used in the validation of MCI are considered, including results from cross-sectional, longitudinal, and postmortem investigations. Results of recent drug treatment studies …


Entering The U.S. Securities Markets: Regulation Of Non-U.S. Issuers, Barbara Black Dec 2004

Entering The U.S. Securities Markets: Regulation Of Non-U.S. Issuers, Barbara Black

Elisabeth Haub School of Law Faculty Publications

The U.S. securities markets offer the greatest opportunities for businesses that wish to raise additional capital or expand their shareholder base. Large non-U.S.corporations regularly tap the U.S. market for infusions of capital, and the securities of many non-U.S. corporations are listed on the New York Stock Exchange or traded on NASDAQ. Smaller non-U.S. entities, however, may be deterred from entering the U.S. markets because of concerns about the burdens of U.S. securities regulation. These concerns are legitimate: a decision to enter the highly-regulated U.S. securities markets should not be made lightly. For non-U.S. private issuers, perhaps the greatest difficulty in …


Reporting On Company Financial Information Before Gaap: In The Wall Street Journal For The Year 1900, Mary Ellen Oliverio, Bernard H, Newman Dec 2004

Reporting On Company Financial Information Before Gaap: In The Wall Street Journal For The Year 1900, Mary Ellen Oliverio, Bernard H, Newman

Faculty Working Papers and Articles

Many questions are raised about the generally accepted accounting principles that guide the preparation and reporting of financial information by contemporary companies, especially those publicly-owned companies that must disclose financial information on a regular basis. Such questions raise another question which motivated this historical study: "What was the nature and extent of financial information reporting in The Wall Street Journal before there was an organized, specified body of accounting principles—before GAAP?" A series on accounting topics titled Studies of Value, which began publication on January 4, 1900, was the source of this study. This is an initial exploratory historical study …


Locke V. Davey: The Connection Between The Federal Blaine Amendment And Article I, 11 Of The Washington State Constitution, Mark Edward Deforrest Dec 2004

Locke V. Davey: The Connection Between The Federal Blaine Amendment And Article I, 11 Of The Washington State Constitution, Mark Edward Deforrest

Tulsa Law Review

No abstract provided.


Building Community In Schools, By Thomas J. Sergiovanni, Sean Lynch Dec 2004

Building Community In Schools, By Thomas J. Sergiovanni, Sean Lynch

Journal of Catholic Education

No abstract provided.


The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey Dec 2004

The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt Dec 2004

Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt

Duke Law Journal

The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …


Designing Bus Transfer Facilities For Maximum Transit Agency And Community Benefit, Cutr Dec 2004

Designing Bus Transfer Facilities For Maximum Transit Agency And Community Benefit, Cutr

Research Reports

No abstract provided.


Identifying The Characteristics Of Successful Local Transit Circulator Systems In Residential Areas Of Southeast Florida, Cutr Dec 2004

Identifying The Characteristics Of Successful Local Transit Circulator Systems In Residential Areas Of Southeast Florida, Cutr

Research Reports

No abstract provided.


0530 Transportation Legislation Review Committee, Colorado Legislative Council Dec 2004

0530 Transportation Legislation Review Committee, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.


Appellate Conflicts In Local Government Law: The Disagreements Of A Decade, R. Perry Sentell Jr. Dec 2004

Appellate Conflicts In Local Government Law: The Disagreements Of A Decade, R. Perry Sentell Jr.

Mercer Law Review

In awesome solemnity, Chief Justice John Marshall thundered in 1803, "[i]t is emphatically the province and duty of the judicial department to say what the law is." Marshall's historic declaration has borne both lavish praise and unstinting criticism, and it serves as the commonly understood sentiment underlying the legal order of our country. At both federal and state levels, the "judicial department" rules our daily lives by virtue of saying "what the law is."

At the state level, constitutions and statutes typically establish a judicial branch of government and populate that branch with all manner of courts-local, trial, and appellate. …


Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii Dec 2004

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2003 to May 31, 2004. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").


Legal Ethics, Roy M. Sobelson Dec 2004

Legal Ethics, Roy M. Sobelson

Mercer Law Review

The biggest news in Georgia legal ethics this year actually made it into the general press when the Georgia Supreme Court approved a bar committee opinion confirming that real estate closings remained the exclusive province of licensed Georgia lawyers. With the Justice Department, the Federal Trade Commission, and consumer advocates all weighing in with contrary opinions, the court held firm against the inevitable, continuing criticism and cries of protectionism. Combined with the current debates over both multidisciplinary and multijurisdictional practices, it looks like the profession will continue to engage in heated debate in Georgia, if not worldwide, well into the …


Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon Dec 2004

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

This survey period brought minimal changes in workers' compensation legislation, but several interesting decisions were issued. Among those decisions are cases confirming the exclusive remedy provisions of the Workers' Compensation Act (the "Act"), a case involving an injury that occurred when an employee was on a lunch break, and several statute of limitations cases.


How The Law Responds To Self-Help, Douglas Gary Lichtman Dec 2004

How The Law Responds To Self-Help, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.