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2004

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Table Of Contents, Volume 3, Number 1, 2004, Editorial Board Dec 2004

Table Of Contents, Volume 3, Number 1, 2004, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Three, Issue Number One.


The Confines Of Modern Constitutionalism, David T. Butleritchie Dec 2004

The Confines Of Modern Constitutionalism, David T. Butleritchie

The University of New Hampshire Law Review

[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …


Live Smoke Free Or Die: The Battle For Smoke Free Restaurants In New Hampshire, Jody Hodgdon Dec 2004

Live Smoke Free Or Die: The Battle For Smoke Free Restaurants In New Hampshire, Jody Hodgdon

The University of New Hampshire Law Review

[Excerpt] "The need for a strict statutory scheme prohibiting or effectively segregating tobacco smoke in restaurants and public buildings in New Hampshire is compelling. One evening, during the summer of 2003, I took my wife and daughter to a restaurant in New Hampshire for dinner. When the time came to be seated, the waiter asked if we preferred to be seated in the smoking or non-smoking section. At our request, he led us to the non- smoking section. Over the course of dinner, I considered the irony of why the restaurant even had a non-smoking section. Smoke was coming over …


Complete Issue, Journal Editors Dec 2004

Complete Issue, Journal Editors

Southern Anthropologist

Themed issue: Tribal Diasporas and Ethnic Identities in the Southeast


Arkansas Soybean Performance Tests 2004, D. G. Dombek, D. K. Ahrent, R. D. Bond, I. L. Eldridge Dec 2004

Arkansas Soybean Performance Tests 2004, D. G. Dombek, D. K. Ahrent, R. D. Bond, I. L. Eldridge

Arkansas Agricultural Experiment Station Research Series

No abstract provided.


Minimalism At War, Cass R. Sunstein Dec 2004

Minimalism At War, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Decline Of The International Court Of Justice, Eric A. Posner Dec 2004

The Decline Of The International Court Of Justice, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The International Court of Justice is the judicial organ of the United Nations and the preeminent international court, but its caseload is light and has declined over the long term relative to the number of states. This paper examines evidence of the ICJ’s decline, and analyzes two possible theories for this decline. The first is that states stopped using the ICJ because the judges did not apply the law impartially but favored the interests of their home states. The second is that the ICJ has been the victim of conflicting interests among the states that use and control it.


Self‐Consistent Diffusive Lifetimes Of Weibel Magnetic Fields In Gamma‐Ray Bursts, C. H. Jaroschek, H. Lesch, R. A. Treumann Dec 2004

Self‐Consistent Diffusive Lifetimes Of Weibel Magnetic Fields In Gamma‐Ray Bursts, C. H. Jaroschek, H. Lesch, R. A. Treumann

Dartmouth Scholarship

Weibel filamentation in relativistic plasma shell collisions has been demonstrated as an efficient and fast mechanism for the generation of near-equipartition magnetic fields in self-consistent particle-in-cell (PIC) simulations. In generic γ-ray burst (GRB) models with kinetically dominated plasma outflow, sufficient strength and lifetime of magnetic fields are essential to validate synchrotron emission as the source of radiative outbursts. In this article we report on self-consistent PIC simulations of pair-plasma shell collisions in the highly relativistic regime with particle ensembles up to 5 × 108. Energy dependence of magnetic field generation in the Weibel process is discussed, and for …


An Intramolecular Association Between Two Domains Of The Protein Kinase Fused Is Necessary For Hedgehog Signaling, Manuel Ascano Jr., David J. Robbins Dec 2004

An Intramolecular Association Between Two Domains Of The Protein Kinase Fused Is Necessary For Hedgehog Signaling, Manuel Ascano Jr., David J. Robbins

Dartmouth Scholarship

The protein kinase Fused (Fu) is an integral member of the Hedgehog (Hh) signaling pathway. Although genetic studies demonstrate that Fu is required for the regulation of the Hh pathway, the mechanistic role that it plays remains largely unknown. Given our difficulty in developing an in vitro kinase assay for Fu, we reasoned that the catalytic activity of Fu might be highly regulated. Several mechanisms are known to regulate protein kinases, including self-association in either an intra- or an intermolecular fashion. Here, we provide evidence that Hh regulates Fu through intramolecular association between its kinase domain (ΔFu) and its carboxyl-terminal …


Resonant Optical Waveguide Biosensor Characterization, Shantanu Pathak Dec 2004

Resonant Optical Waveguide Biosensor Characterization, Shantanu Pathak

Graduate Theses, Dissertations, and Problem Reports (ETD)

The importance of miniaturized sensors for quick and accurate assessments of a broad spectrum of hazardous biological agents has been highlighted by recent high profile events. Integrated optical devices based on evanescent wave interrogation techniques can register minute refractive index changes enabling detection of bioagents on the sensor surface and providing a potential for compact structure combined with a possibility of detecting several analytes simultaneously by fabricating multiple devices on the same chip. Most commonly integrated optical interrogation techniques suffer from issues of optical alignment and fabrication complexities. In addition the materials used to fabricate integrated optical devices experience drifts …


Real-Time Video Compression Using Dvq And Suffix Trees, Pavan Kumar Vedantam Dec 2004

Real-Time Video Compression Using Dvq And Suffix Trees, Pavan Kumar Vedantam

Graduate Theses, Dissertations, and Problem Reports (ETD)

Video processing is a wide and varied subject area. Video compression is an important but difficult problem in video processing. Several methods and standards exist which address this problem with varying degrees of success depending on the performance measures adopted. The present research work focuses on the real-time aspect of video processing.;In particular we propose a real-time video compression algorithm based on the concept of differential vector quantization and the suffix tree. Differential vector quantization is a relatively new area that focuses on efficient compression of data. The present work integrates the compression provided by Differential vector Quantization and the …


Effect Of Driving Cycles On The Particulate Mass And Number Emissions From In-Use Heavy Heavy-Duty Diesel Vehicles, Sairam Thiagarajan Dec 2004

Effect Of Driving Cycles On The Particulate Mass And Number Emissions From In-Use Heavy Heavy-Duty Diesel Vehicles, Sairam Thiagarajan

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study focused primarily on the particle mass and number emission from various in-use heavy heavy-duty diesel vehicles operating on different driving cycles. Chemical speciation results are also presented to discuss the formation and composition of particles emitted during various cycles. Tests were performed with West Virginia University's Transportable Heavy Duty Vehicle Emissions Testing Laboratory located at Riverside, California. Five vehicles were selected to cover a wide range of model year from 1989 to 2004. All five vehicles were subjected to chemical speciation and analysis conducted by Desert Research Institute. WVU employed the use of the Scanning Mobility Particle Sizer …


Government Corruption And The Right Of Access To Courts, Una A. Kim Dec 2004

Government Corruption And The Right Of Access To Courts, Una A. Kim

Michigan Law Review

This Note addresses the question left unanswered in Harbury: whether these denial of access-to-courts cases, which Justice Souter termed "backward-looking" access claims, are valid exercises of a constitutional right. Backward-looking access claims such as Harbury's differ from traditional denial of access-to-courts claims in that their aim is not to remove impediments to bringing causes of action in the future. Rather, backward-looking access claims allege that a suit that could have been filed in the past was not brought or was not litigated effectively, because access to the courts was at that time denied or obstructed by government officials. …


Theoretical And Practical Complexity Of Unified Modeling Language: Delphi Study And Metrics Analyses, J. Erickson, Keng Siau Dec 2004

Theoretical And Practical Complexity Of Unified Modeling Language: Delphi Study And Metrics Analyses, J. Erickson, Keng Siau

Research Collection School Of Computing and Information Systems

Systems have become increasingly complex, and as a result development methods have become more complex as well. The unified modeling language (UML) has been criticized for the often cited and sometimes over- whelming complexity it presents to its users, and those seeking to learn to use it. Using Rossi and Brinkkemper’s (1996) complexity metrics, Siau and Cao (2001) completed a complexity analysis of UML and 36 other modeling techniques, finding that UML is indeed more complex than other techniques. Siau, Erickson and Lee (2002) proposed that Rossi and Brinkkemper’s metrics present the theoretical maximum complexity, known as theoretical complexity. This …


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 …


Social Responsibility In Major Newspapers Coverage Of "9/11 Lapses" Controversy, Hai Long Tran Dec 2004

Social Responsibility In Major Newspapers Coverage Of "9/11 Lapses" Controversy, Hai Long Tran

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study measures major newspapers' performance in covering the "September 11 lapses" controversy against social responsibility principles. Content analysis of 535 newspaper items, published by the New York Times, Washington Post, San Francisco Chronicle, USA Today in one year (Sept. 12, 2001--Sept. 11, 2002), found the papers did not live up to journalistic precepts traditionally listed as required for the press in a democratic society. They were successful in providing a source of comprehensive and balanced information, a forum for exchange of comment and criticism on the government's losses and failures. However, major newspapers failed to aggressively pursue independent investigative …


Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson Dec 2004

Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald Dec 2004

The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald

Cardozo Public Law, Policy & Ethics Journal

The article explores the duality of power and powerlessness in Hegel's Subjective Logic, highlighting the tension between the Concept's absolute power and its susceptibility to powerlessness. Hegel portrays the Concept as an infinitely powerful force that unifies diversity through self-related negativity, yet acknowledges that reason can be powerless when fixated on determinate concepts, leading to one-sidedness. This duality suggests that while reason has the capacity for self-correction, it perpetually confronts the challenge of abstraction and determinateness.


Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni Dec 2004

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield Dec 2004

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.


Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace Dec 2004

Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo Dec 2004

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.


The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson Dec 2004

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt Dec 2004

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.


Car Race Waivers' Checkered Flag On Third Party Loss Of Consortium Claims, Walter T. Champion Jr. Dec 2004

Car Race Waivers' Checkered Flag On Third Party Loss Of Consortium Claims, Walter T. Champion Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo Dec 2004

Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Stadium-Style Seating Movie Theaters: Does The Cornerstone Of The Theater Industry's Recent Transformation Violate The Americans With Disabilities Act?, Andrea W. Hattan Dec 2004

Stadium-Style Seating Movie Theaters: Does The Cornerstone Of The Theater Industry's Recent Transformation Violate The Americans With Disabilities Act?, Andrea W. Hattan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Drug Abuse In Major League Baseball: A Look At Drug Testing In The Past, In The Present, And Steps For The Future, Scott Danaher Dec 2004

Drug Abuse In Major League Baseball: A Look At Drug Testing In The Past, In The Present, And Steps For The Future, Scott Danaher

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Table Of Contents Dec 2004

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Power Of The Passion: A Look At Why Artists Need To Be Protected When Audiences Take Their Message Too Far, Joel Michael Ugolini Dec 2004

The Power Of The Passion: A Look At Why Artists Need To Be Protected When Audiences Take Their Message Too Far, Joel Michael Ugolini

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.