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2004

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Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer Dec 2004

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …


History, Concepts, And Normativity In Hegel, Dario Perinetti Dec 2004

History, Concepts, And Normativity In Hegel, Dario Perinetti

Cardozo Public Law, Policy & Ethics Journal

The article challenges the perception of Hegel's originality in linking history and logic, arguing that this connection was a common endeavor in the 18th century. It situates Hegel's work within a broader historical context, emphasizing that his contribution lies in his unique conceptual history, which describes how concepts acquire meaning through inferential relations rather than naturalistic or psychological processes. The analysis highlights Hegel's departure from Kant and others, asserting that his logic is both descriptive and normative, offering a non-referential theory of concepts that emphasizes their role in generating logical space.


The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis Dec 2004

The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Ways Of Being Singular: The Logic Of Individuality, Robert Berman Dec 2004

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.


Cognition And Finite Spirit, John W. Burbidge Dec 2004

Cognition And Finite Spirit, John W. Burbidge

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Southeast South Dakota Experiment Farm Annual Progress Report, 2004, Agricultural Experiment Station Dec 2004

Southeast South Dakota Experiment Farm Annual Progress Report, 2004, Agricultural Experiment Station

Agricultural Experiment Station and Research Farm Annual Reports

This report contains 30 crop and livestock research and demonstration summaries of projects conducted at Southeast Research Farm in 2004. This year’s cattle report describes a project that compares feeding dried distillers grains to other oilseed supplements for wintering cows on ground corn stalks. Our crop reports show results of the many weed control projects that were conducted here as well as variety trial results and breeder evaluations for oat, corn, soybean, and forages. Several soil fertility research projects focused on strip/zone till, amending soils with gypsum, nutrient management associated with livestock manure, fertilizer placement, and other topics. Insects, soybean …


Nietzsche And The Religion Of The Future, Steven Michels Dec 2004

Nietzsche And The Religion Of The Future, Steven Michels

Political Science & Global Affairs Faculty Publications

This article examines the place of religion in Nietzsche’s writings and how it fits with the task of a “new philosopher.” Although Nietzsche opposes all otherworldly, monotheistic religions, it is incorrect to say that Nietzsche proposes atheism as a solution. Religion, he contends, is an essential part of any healthy culture. Nietzsche’s new philosophy would fashion gods consistent with the natural order of rank and the highest aims of man.

Nietzsche conceives of modernity not as progress but an unhealthy and dangerous break with tradition that he seeks to set right. Consequently, he turns to the greatness of antiquity. Nietzsche, …


Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer Dec 2004

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …


The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar Dec 2004

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …


Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain Dec 2004

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …


An Introduction To Lessigian Thought, Russ Taylor Dec 2004

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …


Headache And Blood Pressure In Primary Health Care Setting In Kuwait, Sawsan T. Jamal, Prem N. Sharma, Fatma A. Ramadan, Fathi S. Boshehri Dec 2004

Headache And Blood Pressure In Primary Health Care Setting In Kuwait, Sawsan T. Jamal, Prem N. Sharma, Fatma A. Ramadan, Fathi S. Boshehri

Saudi Medical Journal

OBJECTIVE: To identify the types of headache among patients, presenting at a primary health care setting, and to determine the correlation between headache and high blood pressure (BP). METHODS: This was a cross-sectional study administered in 2 primary health care centers (Fintas and AbuHalifa) of a regional health district in Kuwait from March 2003 to June 2003. Our study included 290 patients with different types of headache, and requested for BP measurement. RESULTS: The sample included patients, in the age group 15-80 years with an overall mean age of 41 (+13 SD) years. The male to female ratio was 1:2.7 …


Progression Of Obesity Among Seeb School Children In Oman. A Preliminary Study, Youssef F. Osman, Siham K. Muscati, Shyam S. Ganguly, Mushtaq Khan, Badria Al-Sharji Dec 2004

Progression Of Obesity Among Seeb School Children In Oman. A Preliminary Study, Youssef F. Osman, Siham K. Muscati, Shyam S. Ganguly, Mushtaq Khan, Badria Al-Sharji

Saudi Medical Journal

No abstract provided.


Diabetes Mellitus During Pregnancy.Fetal Outcome, Saad E. Dafallah, Eisa M. Yousif Dec 2004

Diabetes Mellitus During Pregnancy.Fetal Outcome, Saad E. Dafallah, Eisa M. Yousif

Saudi Medical Journal

No abstract provided.


Empirical Legal Scholarship As Scientific Dialogue, Gregory Mitchell Dec 2004

Empirical Legal Scholarship As Scientific Dialogue, Gregory Mitchell

North Carolina Law Review

No abstract provided.


Theoretical And Conceptual Issues In Economic Reforms: Application To Nigeria's Downstream Petroleum Sector., N. O. Magbagbeola Dec 2004

Theoretical And Conceptual Issues In Economic Reforms: Application To Nigeria's Downstream Petroleum Sector., N. O. Magbagbeola

Economic and Financial Review

This paper examines the theoretical and conceptual issues pertaining 10 economic reforms. The author adopted a survey method approach to discussed the classification of economic reforms into first-generation and second-generation reforms, and examines their categories, namely, institutional, labour, financial market and product market reforms. On the speed and sequencing of economic reforms, the paper investigates two alternative paths of economic reforms for an economy that has a large public sector like Nigeria. The two paths are gradual approach and "big-bang" approach. Related to the discussion about the speed of adjustment, the paper examines the economics of petroleum product pricing in …


Abomasal Parasites In Wild Sympatric Cervids, Red Deer, Cervus Elaphus, And Fallow Deer, Dama Dama, From Three Localities Across Central And Western Spain: Relationship To Host Density And Park Management, Mónica Santín-Durán, José M. Alunda, Eric P. Hoberg, Concepción De La Fuente Dec 2004

Abomasal Parasites In Wild Sympatric Cervids, Red Deer, Cervus Elaphus, And Fallow Deer, Dama Dama, From Three Localities Across Central And Western Spain: Relationship To Host Density And Park Management, Mónica Santín-Durán, José M. Alunda, Eric P. Hoberg, Concepción De La Fuente

Harold W. Manter Laboratory of Parasitology: Faculty Publications

A survey of abomasal parasites in cervids from Central Spain was conducted at three sites, Quintos de Mora (Toledo), Maluéñez de Arriba (Cáceres), and La Herguijuela (Cáceres). Commonly occurring helminths belonged to three polymorphic species of the Ostertagiinae: Spiculopteragia asymmetrica/S. quadrispiculata, Ostertagia leptospicularis/O. kolchida, and O. drozdzi/O. ryjikovi. Trichostrongylus axei was found in very few cases. Ostertagia drozdzi/O. ryjikovi and the minor male morphotype, S. quadrispiculata, are reported for the first time in red deer from Spain. The three ostertagiine species are also reported for the first time …


Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly Dec 2004

Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly

Tools for Inclusion Series, Institute for Community Inclusion

Every state has a vocational rehabilitation agency that is designed to help individuals with disabilities meet their employment goals. Vocational rehabilitation agencies assist individuals with disabilities to prepare for, get, keep, or regain employment. This publication answers questions frequently asked by individuals with disabilities. For consumers.


Stand Up For Your Rights, Magdaleno Rose-Avila Dec 2004

Stand Up For Your Rights, Magdaleno Rose-Avila

Seattle Journal for Social Justice

No abstract provided.


God Liberates In Mysterious Ways, William W. Bennett Dec 2004

God Liberates In Mysterious Ways, William W. Bennett

Seattle Journal for Social Justice

No abstract provided.


A Watershed-Based Classification System For Lakes In Agriculturally-Dominated Ecosystems: A Case Study Of Nebraska Reservoirs, Henry N. N. Bulley Dec 2004

A Watershed-Based Classification System For Lakes In Agriculturally-Dominated Ecosystems: A Case Study Of Nebraska Reservoirs, Henry N. N. Bulley

Department of Geography: Dissertations, Theses, and Student Research

In recent decades substantial progress has been made in improving the quality of surface waters in the United States (Hawkins et al., 2000; EPA, 2000; EPA, 2001); nevertheless, much work remains to be done in assessing the state of impairment of lake waters. Impairment implies that the existing water quality of a lake, as measured by selected criteria (e.g., nitrogen, phosphorus, chlorophyll-a, Secchi depth), exceeds a threshold value or standard that presumably reflects optimal attainable lake water quality conditions (or "reference" conditions) (Hughes, 1995; EPA, 2000; EPA, 2001). Such impaired waters are not suitable for designated uses such as drinking, …


Lincoln's Constitution, Michael Berheide Dec 2004

Lincoln's Constitution, Michael Berheide

Civil War Book Review

Liberty and Justice

Scholar dissects Fundamental Problem

There is a sort of Fundamental Problem of Politics which goes like this: how can a political community—which after all has as its essential function the control of individual behavior — be dedicated to liberty? Theorists a....


Signatures Of Citizenship: Petitioning, Antislavery, And Women's Political Identity, Beverly Wilson Palmer Dec 2004

Signatures Of Citizenship: Petitioning, Antislavery, And Women's Political Identity, Beverly Wilson Palmer

Civil War Book Review

Exercising their Rights

Study reveals women's roles in reform

In her study of women's petitioning in the antebellum period, Susan Zske quotes Samuel Johnson: "This petitioning is a new mode of distressing government, and a mighty easy one." Indeed, Zske effectively portrays the ....


Inclusionary Housing And California's Housing Crisis: Increasing Affordable Housing Supply And Promoting Smart Growth Through Local Government Policy, Aaron Laurel Dec 2004

Inclusionary Housing And California's Housing Crisis: Increasing Affordable Housing Supply And Promoting Smart Growth Through Local Government Policy, Aaron Laurel

Master's Projects

It is a fact: California faces a housing crisis of unprecedented proportion. From Northern to Southern California, middle and lower-income renters and prospective homebuyers alike cannot afford to pay the housing costs demanded by an escalating market. The broad impacts of this crisis are just as much sociological as they are economic, as both the economic viability of the state and its localities, as well as the social fabric of neighborhoods are threatened by its lasting effects.

The implications of the housing crisis are well known to California's residents and local governments, as members of all sectors of the workforce …


Less Cool, More Light: Review Of Cool Men And The Second Sex By Susan Fraiman., Meryl Altman Dec 2004

Less Cool, More Light: Review Of Cool Men And The Second Sex By Susan Fraiman., Meryl Altman

English Faculty publications

No abstract provided.


Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers Dec 2004

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …


The Enduring Significance Of State Sovereignty, Brad R. Roth Dec 2004

The Enduring Significance Of State Sovereignty, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


An Architecture For Spam Regulation, David Dickinson Dec 2004

An Architecture For Spam Regulation, David Dickinson

Federal Communications Law Journal

Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …


Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, James F. Brumsey Dec 2004

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, James F. Brumsey

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.


Construction Law, Dennis J. Webb Jr., Henry L. Balkcom Iv, Dana R. Grantham Dec 2004

Construction Law, Dennis J. Webb Jr., Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2003, and May 31, 2004. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanics' and materialmen's liens; (4) arbitration; and (5) legislation. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.