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2004

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The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth Jan 2004

The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern courts have relied too heavily on deference-based reasoning, and have failed to adequately consider both international law and congressional authorization when upholding the detentions as constitutional. The War of 1812, termed "Mr. Madison's War" by contemporary opponents, was fought largely on our own territory against a powerful foreign enemy, making it an especially rich source for comparison to the modern war …


Evaluation Of Immunogenicity Of Transgenic Chloroplast Derived Protect, Vijay Koya Jan 2004

Evaluation Of Immunogenicity Of Transgenic Chloroplast Derived Protect, Vijay Koya

Electronic Theses and Dissertations

Anthrax, a fatal bacterial infection is caused by Bacillus anthracis, a gram-positive, spore forming, capsulated, rod shaped organism. Centers for Disease Control (CDC) lists anthrax as Category A biological agent due to its severity of impact on human health, high mortality rate, acuteness of the disease and potential for delivery as a biological weapon. The currently available human vaccine in the United States (AVA anthrax vaccine adsorbed) is prepared from Alum adsorbed formalin treated supernatant culture of toxigenic, non-encapsulated strain of Bacillus anthracis with the principle component being protective antigen (PA83). Evaluation of anthrax vaccine given to nearly 400,000 US …


Social Underdevelopment In Sub-Saharan Africa, Michelle L. Wingo Jan 2004

Social Underdevelopment In Sub-Saharan Africa, Michelle L. Wingo

Electronic Theses and Dissertations

For the past thirty years Africa has produced a more noticeably inferior reserve of human capital than other developing regions. This is puzzling because at the inception of independence, the future of Africa looked promising. However, during the 1970s both the political and economic situation in Africa began to deteriorate, and since 1980, the aggregate per capita GDP in sub-Saharan Africa has declined at almost one percent per fiscal year. Thirty-two countries are poorer now than they were twenty years ago, and sub-Saharan Africa is now the lowest-income region in the world despite the fact that during the last two …


Terrorism : A New Threat For Indonesia? : An Analysis On The National Security Of Indonesia In The Post-Suharto Period, Wun Yin, Wilson Lau Jan 2004

Terrorism : A New Threat For Indonesia? : An Analysis On The National Security Of Indonesia In The Post-Suharto Period, Wun Yin, Wilson Lau

Lingnan Theses

Indonesia is the fourth most heavily populated nation in the world with over 210 million inhabitants. Almost half of all Southeast Asians live in Indonesia, and it is also the world’s most populated Muslim nation. These features make it a crucial country in the Southeast Asian Region, as well as in the world. Therefore, the national security of this country is very important to the region and the world.

Security or national security covers dealing with the threat(s) to the state, so, in order to study this issue, we need to identify what kind of threat is behind the scenario. …


Optimizing The Compression Stress Relief Process For 7050al Forgings, K. Escobar, B. Gonzales, J. Ortiz, P. Nguyen, C. Iskandar, P. Tiscareno, M. Castro, J. Gutierrez, J. Foyos, J. Ogren, Omar S. Es-Said, D. M. Bowden, E. W. Lee Jan 2004

Optimizing The Compression Stress Relief Process For 7050al Forgings, K. Escobar, B. Gonzales, J. Ortiz, P. Nguyen, C. Iskandar, P. Tiscareno, M. Castro, J. Gutierrez, J. Foyos, J. Ogren, Omar S. Es-Said, D. M. Bowden, E. W. Lee

Mechanical Engineering Faculty Works

Structural components machined from aluminum forgings can exhibit distortion and poor dimensional quality due to residual stresses formed primarily during heat treatment. To alleviate these problems, mechanically stress-relieved tempers are used in which a small amount of plastic strain is introduced after solution heat treatment and prior to aging. For hand-forged billets and die forgings, this strain is introduced by compression. Process specifications for compression stress relief typically allow a range of strains, and this process variability can in turn lead to inconsistent forging performance in machining. In addition, since cold work is known to accelerate the aging response and …


Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam Jan 2004

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …


China’S Pragmatist Experiment: Hu Shih’S Pragmatism And Dewey’S Influence In China, Sor-Hoon Tan Jan 2004

China’S Pragmatist Experiment: Hu Shih’S Pragmatism And Dewey’S Influence In China, Sor-Hoon Tan

Research Collection School of Social Sciences

In the 1920s, John Dewey’s followers in China, led by his student HuShih, attempted to put his pragmatism into practice in their quest for democracy.This essay compares Hu Shih’s thought, especially his emphasis on pragmatism asmethod, with Dewey’s philosophical positions and evaluates Hu’s achievement asa pragmatist in the context of the tumultuous times he lived in. It assesses Hu’sclaim that the means to democracy lies in education rather than politics, sincedemocracy as a way of life requires a cultural renewal beyond institutionalchanges. It argues that a problem-centered approach to social change does notpreclude radical action, even revolution. But pragmatism is …


Quality Assurance Testing Of The Eclox-M In Detecting Terrorism Threats In Louisiana's Public Drinking Water Systems, Jessica Coleman Jan 2004

Quality Assurance Testing Of The Eclox-M In Detecting Terrorism Threats In Louisiana's Public Drinking Water Systems, Jessica Coleman

LSU Master's Theses

A quality assurance testing of the ECLOX-M™, a rapid water quality indicator used in potential terrorist attacks, was evaluated for its adequacy in nine regional Louisiana water systems. The ECLOX-M™ system uses enhanced chemiluminescence to measure toxicity in water by integration of a mixture of luminol (C8H7O3N3), and an oxidant in the presence of a catalyst enzyme - horseradish peroxidase (HRP). Water samples were tested for chemiluminescence, chlorine content, pH, and arsenic and/or nerve agent/pesticide contamination. In addition, three toxic industrial chemical standards were evaluated (mercury, a volatile liquid mixture, and a …


From Guerrilla Theater To Media Warfare Abbie Hoffman's Riotous Revolution In America: A Myth, Bruce Eric France, Jr. Jan 2004

From Guerrilla Theater To Media Warfare Abbie Hoffman's Riotous Revolution In America: A Myth, Bruce Eric France, Jr.

LSU Master's Theses

The following thesis is a discussion of the radical activist Abbie Hoffman's theatrical work to revolutionize the United States. What the author does is explain the historical uniqueness of Hoffman's theatrical techniques as tools for social change. What made Abbie Hoffman such a unique character from that already bizarre and devastating time in the United States known as The Sixties was his ability to infuse pot with politics, fun with social activism and cultural change with his contemporary means of communication. He was able to excite and activate a whole generation of people who would otherwise drop out of society …


Nationalism And Multiculturalism, Chandran Kukathas Jan 2004

Nationalism And Multiculturalism, Chandran Kukathas

Research Collection School of Social Sciences

If any issue dominates contemporary political theory, it is how to deal with cultural diversity and the claims –moral, legal, and political – made in the name of ethnic, religious, linguistic, or national allegiance (Kymlicka,2001: 17). Today, governments are confronted by demands from cultural minorities for recognition, protection,preferential treatment, and political autonomy within the boundaries of the state. Equally, international societyand its political institutions, as well as states themselves, have had to deal with demands from various peoplesfor political recognition as independent nations, and for national self-determination. The turbulent politics ofthe contemporary world may account in part for this development: …


"Secret Combinations": A Legal Analysis, Nathan B. Oman Jan 2004

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Faculty Publications

No abstract provided.


Insurance Triggers As Judicial Gatekeepers In Toxic Mold Litigation, Gregory A. Goodman Jan 2004

Insurance Triggers As Judicial Gatekeepers In Toxic Mold Litigation, Gregory A. Goodman

Vanderbilt Law Review

At the dawn of the 21st century, a new plague is leeching across the nation's legal landscape. "Some call it the Perfect Storm-a confluence of events that merged into a financial crisis for the insurance industry and a politically charged catastrophe for... homeowners, threatening disaster for the.., economy." What exactly is this Perfect Storm quickly overwhelming both the legislative and judicial systems? Mold. Not the harmless mold growing in a neglected bathtub, but toxic mold that can ravage homes and other buildings from the inside out, while allegedly causing the inhabitants to suffer nasty fates. Mold destroying dwellings is nothing …


Glacier National Park And The Blackfoot Nation's Reserved Rights: Does A Valid Tribal Co-Management Authority Exist?, Curt Sholar Jan 2004

Glacier National Park And The Blackfoot Nation's Reserved Rights: Does A Valid Tribal Co-Management Authority Exist?, Curt Sholar

American Indian Law Review

No abstract provided.


The Challenge Of Playing Multiple Arthurian Characters, Cynthia Lowa Jan 2004

The Challenge Of Playing Multiple Arthurian Characters, Cynthia Lowa

Electronic Theses and Dissertations

This thesis examines the portrayal of multiple roles in a production of Camelot, written by Alan Jay Lerner and Frederick Loewe. Performance and content analysis identifies and explores the difficulties and challenges in portraying multiple roles in this production, including the understudying of the leading role of Guenevere. A detailed historical analysis provides background into origin of the Arthurian legend and an examination of its historical development. A social analysis provides information on the role of women in medieval society with a discussion of the customs and laws that applied to them. Furthermore, a structural analysis of the script examines …


Preemptive War: Is It Constitutional, John B. Mitchell Jan 2004

Preemptive War: Is It Constitutional, John B. Mitchell

Faculty Articles

When America attacked Iraq in 2002, it was the first preemptive war in the history of our nation. While there is daily debate over the wisdom and consequences of that action, the question whether the federal government even possessed the power under the Constitution to wage preemptive war does not seem to have been raised. Although the legal literature abounds with discussion about whether the President may authorize significant military operations without the explicit authorization of Congress, the author could not find a single work written in legal cases or commentary about preemptive war. This article considers this heretofore unanswered …


The Eurasian Transformation Of The 10th To 13th Centuries: The View From Song China, 906-1279, Paul Jakov Smith Jan 2004

The Eurasian Transformation Of The 10th To 13th Centuries: The View From Song China, 906-1279, Paul Jakov Smith

History Faculty Scholarship

No abstract provided.


Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo Jan 2004

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …


The Economic Liberty Rationale In The Dormant Commerce Clause, Bruce F. Broll Jan 2004

The Economic Liberty Rationale In The Dormant Commerce Clause, Bruce F. Broll

South Dakota Law Review

No abstract provided.


Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert Jan 2004

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.


Politics And International Justice In A World Of States, J. Peter Pham Jan 2004

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.


Preventive Steps For Pastoral Sexual Misconduct: A Seminar For Brazilian Pastors In The North American Division, Samuel Ramos Jan 2004

Preventive Steps For Pastoral Sexual Misconduct: A Seminar For Brazilian Pastors In The North American Division, Samuel Ramos

Doctor of Ministry Projects

Problem

In recent years sexual misconduct among clergyman has received an unprecedented public profile as victims have become increasingly willing to speak up and the media has disseminated the stories of clergy abuse. An increasing number of people have been willing to risk their personal reputation and go public with their stories. Effective ministry occurs only within a climate of trust and credibility; however, the ministry is increasingly losing its credibility in society. The goal of this study was to prepare, present, and evaluate a seminar for Brazilian pastors in the North American Division, discussing the main reasons for a …


Early Literacy And Making Sense In An Inclusive Preschool Classroom, Patresa A. Hartman Jan 2004

Early Literacy And Making Sense In An Inclusive Preschool Classroom, Patresa A. Hartman

Dissertations and Theses @ UNI

The purpose of this ethnographic study was to build understanding regarding the meaning and role of early literacy as a meaningful interaction in one inclusive preschool classroom. I was specifically interested in the idea of literacy as a social construction - as an interaction with one's environment for the purpose of making sense of it. Furthermore, I investigated the way this construction facilitated or denied one child's citizenship in the classroom community, which is located within an early childhood center in a mid-sized, Midwestern city. My topic, examining early literacy as a sense-making interaction, lent itself quite naturally to qualitative …


Reuben Gold Thwaites And The Historical Resurrection Of Lewis And Clark, Matt Blessing Jan 2004

Reuben Gold Thwaites And The Historical Resurrection Of Lewis And Clark, Matt Blessing

Library Faculty Research and Publications

No abstract provided.


A Structural Equation Model Examining The Effects Of Gulf War Stress Exposure On Subsequent Mental And Physical Health Problems Among Gulf War Veterans, Frank J. Kenny Jan 2004

A Structural Equation Model Examining The Effects Of Gulf War Stress Exposure On Subsequent Mental And Physical Health Problems Among Gulf War Veterans, Frank J. Kenny

Theses and Dissertations

The goal of this dissertation is to better understand the complex relationship between the stresses encountered by US. service personnel during the Gulf War and eventual physical and psychological health outcomes among its veterans. By developing and validating a stress model using structural equation modeling techniques, it is hoped that knowledge regarding wartime stress and its potential impact on the health of veterans will be gained. This knowledge can be used to guide future policy decisions on how to minimize the deleterious health consequences associated with deployment and combat, as well as furnishing a basis for future studies that examine …


Ade 26th Annual Meeting, Indianapolis, Indiana, 12-14 November 2004, Session Summaries Jan 2004

Ade 26th Annual Meeting, Indianapolis, Indiana, 12-14 November 2004, Session Summaries

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

Connection and Education: Editors and the Web--Editing Native American Materials--Editing Around Blank Spaces: Dealing with Classified, Suppressed, and Limited Access Materials--Alarums and Excursions in Literary Editing--Editors and Biography--Bombs, but Bonnets Too: Military History Projects as Sources for Social History


Meanings Of Security: A Constructivist Inquiry Into The Context Of Information Security Policy Development Post 9/11, Linda F. Larkin Jan 2004

Meanings Of Security: A Constructivist Inquiry Into The Context Of Information Security Policy Development Post 9/11, Linda F. Larkin

Theses and Dissertations

Security is a term that appears to be used in a variety of ways and to have a number of meanings. In policy discussions, there may be reference to information security, national security, network security, online security, and other kinds of security. In an environment where technological innovation appears to be occurring at an ever increasing rate, policy makers look to technological experts for advice, and information security policy is developed, it seems to be important to consider these variations in meaning. This constructivist inquiry explores the context in which information security policy is developed and inquires into the meanings, …


Building An Altar Prayer Ministry In A Local United Methodist Church, Bob M. Moon Jan 2004

Building An Altar Prayer Ministry In A Local United Methodist Church, Bob M. Moon

ATS Dissertations

No abstract provided.


Photonic Rf Signal Processors, Rong Zheng Jan 2004

Photonic Rf Signal Processors, Rong Zheng

Theses: Doctorates and Masters

The purpose of this thesis is to explore the emerging possibilities of processing radiofrequency (RF) or microwave signals in optical domain, which will be a key technology to implement next-generation mobile communication systems and future optical networks. Research activities include design and modelling of novel photonic architectures for processing and filtering of RF, microwave and millimeter wave signals of the above mentioned applications. Investigations especially focus on two basic functions and critical requirements in advanced RF systems, namely: • Interference mitigation and high Q tunable filters. • Arbitrary filter transfer function generation. The thesis begins with a review on several …


Comment: A Public Choice Perspective On The Federal Circuit, Andrew P. Morriss Jan 2004

Comment: A Public Choice Perspective On The Federal Circuit, Andrew P. Morriss

Faculty Scholarship

The Federal Circuit is different from other federal courts in important ways. Professor Dreyfuss has done pioneering work on the Federal Circuit as an institution and her article in this Symposium extends that work. As a nonexpert on patent law, my contribution to this Symposium is not to offer a substantive critique of the Federal Circuit's patent law jurisprudence. Instead, I will apply the public choice perspective to this particular judicial institution. This perspective includes some background thinking about how the federal judiciary works as an institution and about how judicial background affects how judges decide things.


On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt Jan 2004

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …