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2004

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Cover And Contents Jan 2004

Cover And Contents

Turkish Journal of Agriculture and Forestry

No abstract provided.

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Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar Jan 2004

Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar

Faculty Scholarship

This article addresses tort reform claims made in Cass R. Sunstein, et al.'s Punitive Damages: How Juries Decide (2002)and related articles, research that was largely underwritten by the Exxon Corporation. Based upon a series of simulation experiments, those authors have made a general claim that juries are incapable of making coherent judgments about punitive damages. In this article I raise serious methodological problems bearing on the validity of the research, and, therefore, its ability to provide judges and legislators with useful information about juries and punitive damages.

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Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher Jan 2004

Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher

Faculty Scholarship

S.J.D. dissertation, submitted April 2004

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Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali Jan 2004

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

Only about 1% of newly developed drugs are for tropical diseases, such as African sleeping sickness and dengue fever. While patent incentives and commercial pharmaceutical companies have made Western health care the envy of the world, the commercial model works only if companies can sell enough patented products to cover their R&D costs. The model thus fails for diseases found largely in the developing world, where markets for patented products are tiny. Any solution to the problem of tropical diseases must recognize the need for rigid cost-containment. An open source approach to identifying promising drug candidates would keep costs down …

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Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn Jan 2004

Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade

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How Binding Are Wto Rules? A Transatlantic Analysis Of International Law, Joost H. B. Pauwelyn Jan 2004

How Binding Are Wto Rules? A Transatlantic Analysis Of International Law, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at the University of Tuebingen, 14-16 October 2004 Conference on Changing Patterns of Authority in the Global Political Economy

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Computational Geometry Column 45, Joseph O'Rourke Jan 2004

Computational Geometry Column 45, Joseph O'Rourke

Computer Science: Faculty Publications

The algorithm of Edelsbrunner for surface reconstruction by "wrapping" a set of points in R3 is described.

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A 2-Chain Can Interlock With A K-Chain, Julie Glass, Stefan Langerman, Joseph O'Rourke, Jack Snoeyink, Jianyuan K. Zhong Jan 2004

A 2-Chain Can Interlock With A K-Chain, Julie Glass, Stefan Langerman, Joseph O'Rourke, Jack Snoeyink, Jianyuan K. Zhong

Computer Science: Faculty Publications

One of the open problems posed in [3] is: what is the minimal number k such that an open, flexible k-chain can interlock with a flexible 2-chain? In this paper, we establish the assumption behind this problem, that there is indeed some k that achieves interlocking. We prove that a flexible 2-chain can interlock with a flexible, open 16-chain.

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Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali Jan 2004

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

No abstract provided.

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Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr. Jan 2004

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.

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Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati Jan 2004

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.

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Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler Jan 2004

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Faculty Scholarship

Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …

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A Constitution Of Our Own : The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia, Richard Ogden Hartman Jan 2004

A Constitution Of Our Own : The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia, Richard Ogden Hartman

Theses, Dissertations and Capstones

The Radical wing of the Republican Party, which created the state of West Virginia, imposed a punitive reconstruction program on its citizens. The disenfranchisement of most returning Confederate soldiers and the state's Confederate supporters was carried out illegally in many cases. The overzealous administering of restrictive measures longer than necessary or acceptable caused a split in the Republican Party leading to the rise of the Democratic Party in the state. The Liberal Republicans joined the Democrats in successfully removing many of the reconstruction measures affecting the disenfranchised. Once the Democratic Party regained the legislative majority, they swept away all the …

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Ethical Autonomism: The Work Of Art As A Moral Agent, Rob Van Gerwen Jan 2004

Ethical Autonomism: The Work Of Art As A Moral Agent, Rob Van Gerwen

Contemporary Aesthetics (Journal Archive)

Much contemporary art seems morally out of control. Yet, philosophers seem to have trouble finding the right way to morally evaluate works of art. The debate between autonomists and moralists, I argue, has turned into a stalemate due to two mistaken assumptions. Against these assumptions, I argue that the moral nature of a work's contents does not transfer to the work and that, if we are to morally evaluate works we should try to conceive of them as moral agents. Ethical autonomism holds that art's autonomy consists in its demand that art appreciators take up an artistic attitude. A work's …

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Real-Time 4d Tumor Tracking And Modeling From Internal And External Fiducials In Fluoroscopy, Johanna Brewer, Margrit Betke, David P. Gierga, George T.Y. Chen Jan 2004

Real-Time 4d Tumor Tracking And Modeling From Internal And External Fiducials In Fluoroscopy, Johanna Brewer, Margrit Betke, David P. Gierga, George T.Y. Chen

Computer Science: Faculty Publications

Fluoroscopy is currently used in treatment planning for patients undergoing radiation therapy. Radiation oncologists would like to maximize the amount of dose the tumor receives and minimize the amount delivered to the surrounding tissues. During treatment, patients breathe freely and so the tumor location will not be fixed. This makes calculating the amount of dose delivered to the tumor, and verifying that the tumor actually receives that dose, difficult. We describe a correlation- based method of tracking the two-dimensional (2D) motion of internal markers (surgical clips) placed around the tumor. We established ground truth and evaluated the accuracy of the …

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Drug Use And Pool Performance : An Exploratory Study, Robert P. Hansen Jan 2004

Drug Use And Pool Performance : An Exploratory Study, Robert P. Hansen

Dissertations and Theses @ UNI

This is an exploratory project assessing various aspects of drug use by Competitive Amateur Pool Players. Although the primary focus is on alcohol and its effects on performance, the prevalence of illegal narcotics use is also given considerable attention. The primary research tool was a questionnaire designed to (a) identify the Competitive Amateur status of the respondent, (b) identify the type of drugs used by pool players, and (c) determine the effects these drugs may have on pool performance. The questionnaire was distributed to 55 pool players and the statistical analyses of their responses were supplemented by a limited number …

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To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez Jan 2004

To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez

Faculty Scholarship

As a scholar who studies civil rights movements from a comparative perspective, the commemoration of the fiftieth anniversary of the Brown v. Board of Education1 decision causes me to query the power of Brown as a symbol of equality outside of the United States. Because there is a larger community of African descendants living in Latin America and the Caribbean than there is in the United States, examining the role of Brown in Latin America and the Caribbean is particularly worthwhile. Furthermore, focusing on the Latin American and Caribbean contexts is also relevant due to the significant influence of the …

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Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney Jan 2004

Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney

Faculty Scholarship

The National Labor Relations Board has managed to remain unusually detached or isolated in its decision-making even as it has come to operate in an openly partisan manner. There is a certain paradoxical quality to the coexistence of these two descriptors for Board conduct: isolation in agency performance ordinarily suggests a neutral separation from the political process whereas politicization implies a close connection to the elected branches. The explanation for this odd pairing involves a number of factors: some reflect political realities beyond the agency's ability to control, others relate to the structure of the NLRA, and still others are …

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Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney Jan 2004

Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney

Faculty Scholarship

The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …

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Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin Jan 2004

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

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Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila Jan 2004

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

Scholarly Works

This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …

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Assessing The Impact Of Movies Upon An Individual's Image Formation Concerning A Given Destination, Jeeyeon (Jeannie) Hahm Jan 2004

Assessing The Impact Of Movies Upon An Individual's Image Formation Concerning A Given Destination, Jeeyeon (Jeannie) Hahm

Electronic Theses and Dissertations

The process of watching a movie is a common way to be entertained in this day and age. There are multiple ways in which people can enjoy a movie ranging from the big screen at a commercial theater, on their home's television, or even in a car while driving. One outcome associated with watching a destination movie might be that the viewer will be compelled to visit or not the location portrayed in the movie. It is a primary assumption of this thesis that movies have the ability to create or change an individual's image of a destination by its …

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Resources For Forensic Psychology., Ellen A. Sexton Jan 2004

Resources For Forensic Psychology., Ellen A. Sexton

Publications and Research

Libraries supporting a forensic psychology undergraduate and/or graduate level college program need to collect materials from a range of disciplines – psychology, law, psychiatry and criminal justice. In this guide I identify the major reference works, journals, databases and other resources that should be in a good forensic psychology collection.

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Aragonite Pseudomorphs In High Pressure Marbles Of Syros, Greece, John B. Brady, Michelle J. Markley, John C. Schumacher, John T. Cheney, Grace A. Bianciardi Jan 2004

Aragonite Pseudomorphs In High Pressure Marbles Of Syros, Greece, John B. Brady, Michelle J. Markley, John C. Schumacher, John T. Cheney, Grace A. Bianciardi

Geosciences: Faculty Publications

Numerous rod-shaped calcite crystals occur in the blueschist to eclogite facies marbles of Syros, Greece. The rods show a shape-preferred orientation, and the long axes of the rods are oriented at a large angle to foliation. The crystals also have a crystallographic-preferred orientation: calcite c-axes are oriented parallel to the long axes of the rods. Based on their chemical composition, shape, and occurrence in high-pressure marbles, these calcite crystals are interpreted as topotactic pseudomorphs after aragonite that developed a crystallographic-preferred orientation during peak metamorphism. This interpretation is consistent with deformation of aragonite by dislocation creep, which has been observed …

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The Day May Come: Legal Rights For Animals, Tom Regan Jan 2004

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.

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On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler Jan 2004

On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler

Animal Law Review

Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.

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Apes, Darwinian Continuity, And The Law, Roger S. Fouts Jan 2004

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.

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Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon Jan 2004

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.

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"…Und Die Tiere" Constitutional Protection For Germany's Animals, Kate M. Nattrass Jan 2004

"…Und Die Tiere" Constitutional Protection For Germany's Animals, Kate M. Nattrass

Animal Law Review

In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union, and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals.

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Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein Jan 2004

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.

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