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2004

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One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves Jan 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.


Deconstructing Babel: Toward A Theory Of Structural Reparations, Jeffery M. Brown Jan 2004

Deconstructing Babel: Toward A Theory Of Structural Reparations, Jeffery M. Brown

Journal Publications

The apparent inability of contemporary reparations scholars to reach consensus on prudential considerations such as structure and purpose undermines efforts to obtain reparations of any sort. The Author finds intriguing recent proposals that see black reparations claims not as litigation vehicles, but as broader invitations to re-energize discussions of racial equity via "rehabilitative"o r "inward looking" transformations that stress black institutional capacity building. This Article posits that the idea of "rehabilitative" or structural reparations continues to have both conceptual and pragmatic currency. However, successful implementation of this idea demands that scholars and activists reacquaint themselves with the meaning of structural …


Untitled, Michael Opalenski Jan 2004

Untitled, Michael Opalenski

The Messenger

No abstract provided.


Untitled, Haven Herrin Jan 2004

Untitled, Haven Herrin

The Messenger

No abstract provided.


Untitled, Mai-Anh Tran Jan 2004

Untitled, Mai-Anh Tran

The Messenger

No abstract provided.


Untitled, Haven Herrin Jan 2004

Untitled, Haven Herrin

The Messenger

No abstract provided.


Vicious Cycle, Ami Cainam Jan 2004

Vicious Cycle, Ami Cainam

The Messenger

No abstract provided.


The Messenger, 2004 Jan 2004

The Messenger, 2004

The Messenger

No abstract provided.


Spectral Reflections, Chris Creel Jan 2004

Spectral Reflections, Chris Creel

The Messenger

No abstract provided.


Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda Jan 2004

Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda

Richmond Journal of Law & Technology

America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.


The Federal Framework For Internet Gambling, Jonathan Gottfried Jan 2004

The Federal Framework For Internet Gambling, Jonathan Gottfried

Richmond Journal of Law & Technology

As gambling sites proliferate on the Internet and telephone gambling is legalized in more states, an increasingly large fraction of the public can place a bet without ever leaving home at all. Universally available, “round-the-clock” gambling may soon be a reality.... [T]he country has gone very far very fast regarding an activity the consequences of which, frankly, no one really knows much about.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2004

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.


Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association Jan 2004

Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.


Defendant’S Reply Brief — Federal Trade Commission Jan 2004

Defendant’S Reply Brief — Federal Trade Commission

Richmond Journal of Law & Technology

The do-not-call registry is the product of concerted, measured efforts by Congress and two agencies over more than a decade. When Congress passed the Telephone Consumer Protection Act (“TCPA”), it recognized that the nature and volume of unwanted telemarketing had created significant intrusions into residential privacy that individuals were powerless to combat. Congress authorized creation of a do-not-call registry at that time, but gave the Federal Communications Commission (“FCC”) latitude to consider other options, such as requiring telemarketers to keep their own do-not-call lists.


Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation Jan 2004

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …


Brief Of Amici Curiae — Aca International Jan 2004

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.


“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell

Richmond Journal of Law & Technology

Good morning, Mr. Chairman and distinguished members of the Committee. It is my pleasure to come before you today with my colleague Federal Trade Commission Chairman Tim Muris to discuss the implementation of the national Do-Not-Call Registry.


A Topic Both Timely And Timeless, James Gibson Jan 2004

A Topic Both Timely And Timeless, James Gibson

Richmond Journal of Law & Technology

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.


An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine Jan 2004

An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine

Richmond Journal of Law & Technology

Business and war have one thing in common: strategy. “Never to be undertaken thoughtlessly or recklessly, [strategy is] to be preceded by measures designed to make it easy to” obtain the desired outcome. “A skilled general must be master of the complementary arts of simulation and dissimulation; while creating shapes to confuse and delude the [negotiating adversary] he conceals his true dispositions and ultimate intent.” His actions “are designed to entice the [adversary], to unbalance him, and to create a situation favourable for a decisive counter-stroke.”


Class Of 2007, University Of Richmond Jan 2004

Class Of 2007, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2007 at the T. C. Williams School of Law.


Cultural-Studies Criticism, Peter Lurie Jan 2004

Cultural-Studies Criticism, Peter Lurie

English Faculty Publications

Faulkner’s “career” within cultural studies began, within the history of the cultural-studies movement itself, comparatively late. This is not an especially remarkable point about Faulkner or any one particular writers; as a critical movement, cultural studies was never concerned more with any one figure than another, and was always concerned with an interdisciplinary and interdiscursive focus rather than a writer’s singularity. It is a point worth noting, however, because of the specific ways in which Faulkner’s work seems hospitable to cultural studies’ concerns. From his earliest stages of writing, Faulkner was aware of his work’s position within a field of …


Exceptionaly Low Amplitude Anisotropic Wave Train Events In Cosmic Ray Intensity, Rajesh K. Mishra, Rekha Agarwal Mishra Jan 2004

Exceptionaly Low Amplitude Anisotropic Wave Train Events In Cosmic Ray Intensity, Rajesh K. Mishra, Rekha Agarwal Mishra

Turkish Journal of Physics

The unusually low amplitude anisotropic wave train events (LAEs) in cosmic ray intensity using the ground-based Deep River neutron monitor data has been studied during the period 1991--94. It has been observed that the phase of the diurnal anisotropy for majority of the LAE events remains in the corotational direction. However, for some of the LAE events the phase of the diurnal anisotropy shifts towards earlier hours. On the other hand, the amplitude of the semi-diurnal anisotropy remains statistically the same whereas, phase shift towards later hours; similar trend has also been found in case of tri-diurnal anisotropy. The interplanetary …


Raman Scattering In Layered Cdingas_4, Aydin Kulibekov Jan 2004

Raman Scattering In Layered Cdingas_4, Aydin Kulibekov

Turkish Journal of Physics

Raman scattering spectra of CdInGaS_4 crystals grown by the chemical transport method were measured at room and liquid-nitrogen temperatures. Band pairs at 29-38, 43-48 and 60-65 cm^{-1} are reported for the first time. The origin of these bands is attributed to the Davydov doublets, arising due to a small interlayer interaction. Seventeen bands observed in the Raman spectra are assigned to normal modes on the basis of the C_{3v}^1 space group. This modification contains two layers per unit cell and do not have inversion symmetry. It is shown that the crystals grown from the vapor phase and by the Bridgman …


Electrical Properties Of Hydrogen Transport Vpe Grown N-Cdte Epilayers On Znte/Gaas, Murat Bayhan Jan 2004

Electrical Properties Of Hydrogen Transport Vpe Grown N-Cdte Epilayers On Znte/Gaas, Murat Bayhan

Turkish Journal of Physics

Electrical characterisation of n-CdTe epilayers grown by hydrogen transport vapour phase epitaxy (H_2T-VPE) on insulating ZnTe/(100)GaAs substrates through the temperature dependent Hall measurements is reported. Double-crystal X-ray diffraction assessments indicate the material high crystalline quality. Samples grown at temperatures, T_G < 650 °C were p-type, but appeared to be n-type for the temperatures above T_G > 650 °C. Hall measurements performed on n-type samples of different thicknesses grown at T_G = 764 °C showed room temperature carrier densities in the range of 10^{11}-10^{14} cm^{-3}. The electron density and Hall mobility characteristics may be in principle well explained with a two-level affective model. The model of scattering by lattice and ionised impurity were found to be limiting …


Structural Characterization And Magnetization Of Mg_{0.5}Cu_{0.5}Y_{X}Fe_{2-X}O_4 Ferrites, Mansour Al-Haj Jan 2004

Structural Characterization And Magnetization Of Mg_{0.5}Cu_{0.5}Y_{X}Fe_{2-X}O_4 Ferrites, Mansour Al-Haj

Turkish Journal of Physics

Mg_{0.5}Cu_{0.5}Y_xFe_{2-x}O_4 ferrites were prepared by the solid state reaction method and were characterized by X-ray diffraction and magnetization measurements. A single spinel phase was obtained in the range 0 \le x \le 0.08. The lattice parameter was found to increase with the increase of x except at x = 0.08, which may indicate a distortion in the spinel lattice. The saturation magnetization was found to decrease with increasing x due to replacement of the magnetic Fe^{3+} ions by the nonmagnetic Y^{3+} ions.


Archival Gleanings On Russian Trade And Consulates In The Near East, Theophilus C. Prousis Jan 2004

Archival Gleanings On Russian Trade And Consulates In The Near East, Theophilus C. Prousis

History Faculty Research and Scholarship

Imperial Russia’s maritime access to the Black Sea and the Mediterranean broadened the framework of tsarist influence in the Ottoman Empire during the 19th century. The pursuit of strategic and diplomatic aims in Istanbul, the Straits and the Balkan peninsula, in conjunction with the protection of Eastern Orthodoxy and the extension of trade in the Levant, made the Eastern Question a complex and multi-faceted issue for Imperial Russia. Archival sources on commerce and consulates shed light on the variety of interests which comprised Russia's Eastern Question and deserve more critical examination by scholars of Russian designs in the Near East.


Landscape Of The Levant: A Russian View, Theophilus C. Prousis Jan 2004

Landscape Of The Levant: A Russian View, Theophilus C. Prousis

History Faculty Research and Scholarship

European travel literature on the Levant provides one of the most accessible, if not always accurate, sources for studying life and society in the Ottoman world in the eighteenth and nineteenth centuries. The prospects of adventure, trade, and pilgrimage attracted generations of European men and women, many of whom recorded their impressions of places and peoples encountered in the Near East. In view of Russia's proximity to the Ottoman Empire, not to mention Russian religious and cultural ties with the sultan's Eastern Orthodox Christians, travelers from Muscovite and Imperial Russia visited the Ottoman realm, and many of them, drawn to …


By The Book: Interpreting An Intake In A County Jail, Digiterp Communications Jan 2004

By The Book: Interpreting An Intake In A County Jail, Digiterp Communications

Course Materials

Guide to ASL interpreting for the booking of a person into a county jail, including consideration of how to prepare for entering the facility and what to expect in the interpreting situation.


A Narrative Inquiry Into The Experiences Of Individuals In The Midst Of Organizational Change: A Shift From Systems To Stories, Stanley M. Amaladas Jan 2004

A Narrative Inquiry Into The Experiences Of Individuals In The Midst Of Organizational Change: A Shift From Systems To Stories, Stanley M. Amaladas

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explores how individuals understand and make meaning of their experiences while in the midst of radical organizational change. Empirical materials for this research were obtained though written stories and interviews of two groups of managers within the Canadian public sector who were themselves in the throes of organizational change. The findings of this study were analyzed through a three-dimensional-narrative-inquiry-space framework.

The results of this study (a) support the postmodernist notion of a recursive relationship between metaphors and stories, and (b) between metaphors/stories and experiences, namely that they dialectically inform, structure and maintain the other. It was also discovered …


Waterpower : A Geophysical And Archaeological Investigation Of The Waterpower System At The West Point Foundry, Cold Spring, New York, Kimberly A. Finch Jan 2004

Waterpower : A Geophysical And Archaeological Investigation Of The Waterpower System At The West Point Foundry, Cold Spring, New York, Kimberly A. Finch

Dissertations, Master's Theses and Master's Reports - Open

Waterpower: A Geophysical and Archaeological Investigation of the Waterpower System at the West Point Foundry, Cold Spring, New York, describes the results of ground penetrating radar surveys and archaeological excavation undertaken by Michigan Technological University (MTU) archaeologists during the summer of 2003 at the West Point Foundry, Cold Spring, New York. 2003 constituted MTU's second field season at the foundry. Fieldwork concentrated on the foundry's waterpower system, an intricate network of surface and subsurface drains, races, flumes, waterwheels, turbines, dams, and ponds that powered operations and regulated water flow throughout the site. Archaeologists utilized non-destructive geophysical technology, which expedited survey, …