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2004

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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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2003 Legislative Review, Emilie Clermont Jan 2004

2003 Legislative Review, Emilie Clermont

Animal Law Review

No abstract provided.

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Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor Symposium: The Failure Of The Word, Thane Rosenbaum Jan 2004

Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor Symposium: The Failure Of The Word, Thane Rosenbaum

Faculty Scholarship

The values of the American legal system, and the annual Sports Illustrated swimsuit issue, have at least one thing in common: both are unquestionably, if not shamelessly, body conscious. Nothing triggers legal exposure with greater certainty than an injury to the human body. The body is the locus of the law's remedial obsessions. Unless the body is bruised, some scar is left, an essential piece of anatomy is altered, or some damage takes place in a material, external sense to objects that have definable, tangible characteristics, the law is without moral force or conviction.

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Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt Jan 2004

Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt

Faculty Scholarship

In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts should …

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The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami Jan 2004

The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami

Faculty Scholarship

This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …

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What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat Jan 2004

What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat

Faculty Scholarship

Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.

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Missouri Haunting Spells| Reflections On Home, Wandering, Wildness And Small Things That Matter, Tami L. Brunk Jan 2004

Missouri Haunting Spells| Reflections On Home, Wandering, Wildness And Small Things That Matter, Tami L. Brunk

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Moving Toward Perfection| Eliot's Ascetic And Apophatic Quests, Amy Ratto Parks Jan 2004

Moving Toward Perfection| Eliot's Ascetic And Apophatic Quests, Amy Ratto Parks

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Myths And Legends, Jason Elliott Clark Jan 2004

Myths And Legends, Jason Elliott Clark

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons Jan 2004

Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Submajority Rules (In Legislatures And Elsewhere), Adrian Vermeule Jan 2004

Submajority Rules (In Legislatures And Elsewhere), Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

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Legitimate Public Participation In Controversial Situations| Questions From The Burned Area Recovery Project On The Bitterroot National Forest, Alexander E. Dunn Jan 2004

Legitimate Public Participation In Controversial Situations| Questions From The Burned Area Recovery Project On The Bitterroot National Forest, Alexander E. Dunn

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Making Of A Sub-Region In The American West| A Historical Geography Of Logging, Stock Raising, And Farming In "Pagosa Country," Colorado From The Late Nineteenth Century To The Early Twentieth Century, Sean D. Pummill Jan 2004

Making Of A Sub-Region In The American West| A Historical Geography Of Logging, Stock Raising, And Farming In "Pagosa Country," Colorado From The Late Nineteenth Century To The Early Twentieth Century, Sean D. Pummill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Margaret Atwood's Evil Women In Lady Oracle, Cat's Eye, And The Robber Bride, Laura Gronewold Jan 2004

Margaret Atwood's Evil Women In Lady Oracle, Cat's Eye, And The Robber Bride, Laura Gronewold

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Death By Electrocution?: The Chicago Milwaukee Saint Paul And Pacific Railroad's Choice Of Electrical Motors Over Steam Engines In Montana 1914-1974, Robert W. Lynn Jan 2004

Death By Electrocution?: The Chicago Milwaukee Saint Paul And Pacific Railroad's Choice Of Electrical Motors Over Steam Engines In Montana 1914-1974, Robert W. Lynn

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Automated Geometric Theorem Proving: Wu's Method, Joran M. Elias Jan 2004

Automated Geometric Theorem Proving: Wu's Method, Joran M. Elias

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Alternative Or Traditional?: A History Of Solar And Wind Energy, Nathan S. Mcconnell Jan 2004

Alternative Or Traditional?: A History Of Solar And Wind Energy, Nathan S. Mcconnell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Streams Of Montana's Milk River Basin: Physical Chemical And Biological Characteristics, John D. Lhotak Jan 2004

Streams Of Montana's Milk River Basin: Physical Chemical And Biological Characteristics, John D. Lhotak

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Hydrogeological Characteristics And Groundwater/River Exchange In A Gravel-Dominated Floodplain Middle Fork Of The Flathead River Northwestern Montana, John Cain Diehl Jan 2004

Hydrogeological Characteristics And Groundwater/River Exchange In A Gravel-Dominated Floodplain Middle Fork Of The Flathead River Northwestern Montana, John Cain Diehl

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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A Director's Artistic Journey: A Personal History On The Healing Power Of Art Through Dickens' Classic Oliver Twist, Jill Stanley Wright Jan 2004

A Director's Artistic Journey: A Personal History On The Healing Power Of Art Through Dickens' Classic Oliver Twist, Jill Stanley Wright

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Edition Of Snchitsu'umshtsn : Volume I : A Root Dictionary, Rebecca J. Greene Jan 2004

Edition Of Snchitsu'umshtsn : Volume I : A Root Dictionary, Rebecca J. Greene

Graduate Student Theses, Dissertations, & Professional Papers

Organizes Nicodemus' dictionary of the Skitswish language into roots and adds a morpheme analysis to each root.

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Ground Penetrating Radar And Seismic Refraction As Tools To Characterize Shallow Subsurface Conditions On Tongass National Forest Alaska, Noel S. Philip Jan 2004

Ground Penetrating Radar And Seismic Refraction As Tools To Characterize Shallow Subsurface Conditions On Tongass National Forest Alaska, Noel S. Philip

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Reflections Of A Pulse, John Wayne Bercier Jan 2004

Reflections Of A Pulse, John Wayne Bercier

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Instructors' Perceptions Of Higher Technological And Vocational Education Reform In Taiwan The Republic Of China, Frances Feng-Mei Chang Jan 2004

Instructors' Perceptions Of Higher Technological And Vocational Education Reform In Taiwan The Republic Of China, Frances Feng-Mei Chang

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Landscape-Scale Factors Affecting Population Dynamics Of Greater Sage -Grouse (Centrocercus Urophasianus) In North-Central Montana 2001--2004, Brendan James Moynahan Jan 2004

Landscape-Scale Factors Affecting Population Dynamics Of Greater Sage -Grouse (Centrocercus Urophasianus) In North-Central Montana 2001--2004, Brendan James Moynahan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Missoula County Sheriff's Department Case #8509102: A Comprehensive Forensic Case Report For "Christy Crystal Creek", Sydney Wimbrow Jan 2004

Missoula County Sheriff's Department Case #8509102: A Comprehensive Forensic Case Report For "Christy Crystal Creek", Sydney Wimbrow

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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