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2004

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Grain Corn Performance, 2001; Box Elder And Millard Counties, Utah, T. C. Griggs, M. G. Pace, T. A. Reeve, R. F. Sessions Nov 2004

Grain Corn Performance, 2001; Box Elder And Millard Counties, Utah, T. C. Griggs, M. G. Pace, T. A. Reeve, R. F. Sessions

All Current Publications

No abstract provided.


Silage Corn Performance, 2001; Cache, Davis, And Millard Counties, Utah, T. C. Griggs, J. V. Barnhill, M. G. Pace, R. F. Sessions, R. L. Cartee, D. D. Knudsen Nov 2004

Silage Corn Performance, 2001; Cache, Davis, And Millard Counties, Utah, T. C. Griggs, J. V. Barnhill, M. G. Pace, R. F. Sessions, R. L. Cartee, D. D. Knudsen

All Current Publications

No abstract provided.


Silage Corn Performance, 2002; Cache, Davis, And Utah Counties, Utah, T. C. Griggs, J. V. Barnhill, C. E. Israelsen, F. D. Miner, M. M. Guenter, D. D. Knudsen Nov 2004

Silage Corn Performance, 2002; Cache, Davis, And Utah Counties, Utah, T. C. Griggs, J. V. Barnhill, C. E. Israelsen, F. D. Miner, M. M. Guenter, D. D. Knudsen

All Current Publications

No abstract provided.


Silage Corn Performance, 2003; Cache And Davis Counties, Utah, T. C. Griggs, J. V. Barnhill, C. E. Israelsen, K. Pack, D. R. Fillmore, D. D. Knudsen Nov 2004

Silage Corn Performance, 2003; Cache And Davis Counties, Utah, T. C. Griggs, J. V. Barnhill, C. E. Israelsen, K. Pack, D. R. Fillmore, D. D. Knudsen

All Current Publications

No abstract provided.


Dit Independent, Issue 1, 1st.-30th. Of November, 2004, Dit:Students Union Nov 2004

Dit Independent, Issue 1, 1st.-30th. Of November, 2004, Dit:Students Union

DIT Student Union

No abstract provided.


Dit Independent, Issue 2, 1st.-30th. Of November, 2004, Dit:Students Union Nov 2004

Dit Independent, Issue 2, 1st.-30th. Of November, 2004, Dit:Students Union

DIT Student Union

No abstract provided.


V.41-4, 2004 Masthead Nov 2004

V.41-4, 2004 Masthead

San Diego Law Review

No abstract provided.


Introduction: Third Remedies Discussion Forum, Russel L. Weaver Nov 2004

Introduction: Third Remedies Discussion Forum, Russel L. Weaver

San Diego Law Review

Russel L. Weaver provides an introduction to the symposium on the Remedies Discussion Forum. He explains that the papers being submitted in this symposium are "discussion papers" that were submitted by the participants prior to the meeting and formed the basis for the discussions. He goes on to provide a brief introduction for each paper.


The Republican Model And Punitive Damages, David F. Partlett Nov 2004

The Republican Model And Punitive Damages, David F. Partlett

San Diego Law Review

Fueled by complaints of outlandish punitive damage awards and a United States Supreme Court intent on bringing constitutional order to this corner of torts damages, a considerable literation has emerged. Commentators have examined the bases for the award of punitive damages and have applied empirical analysis to probe the legitimacy of popular criticism and the extent to which punitive damages fulfill the goals assigned to them. In this essay, I propose that punitive damages should be conceptualized in light of a republican theory of tort law with the jury as its central institution. This is ironic, since influential commentators and …


Do Punitive Damages Compensate Society?, Michael B. Kelly Nov 2004

Do Punitive Damages Compensate Society?, Michael B. Kelly

San Diego Law Review

This Article focuses on the concept that punitive damages can be justified as a substitute for compensatory damages for harms caused by the defendant to persons other than the plaintiff. The author concludes that punitive damages are a poor device for redressing harms caused to persons not a party to the action. Once punitive damages seek to address concerns beyond the plaintiff and the defendant, they raise a series of problems that defy rationalization. This article urges that we not take punitive damages as so great a good that we run roughshod over dues process in our zeal to preserve …


Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy Nov 2004

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

San Diego Law Review

This Article focuses on the third guidepost announced in BMW v. Gore for reviewing whether the amount of punitive damages award is so excessive as to violate due process, specifically, comparing punitive damages to criminal sanctions. Part I of the article examine the Supreme Court's language in several cases about the relevance of criminal sanctions to the question whether a punitive award is constitutionally excessive. It criticizes the Campbell effort to distinguish between civil and criminal penalties under the third guidepost. Part II suggests that the third guidepost, in theory, wrongly constrains courts from imposing sanctions above those created by …


Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus Nov 2004

Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus

San Diego Law Review

This Article examines the Supreme Court of Canada's punitive damage awards in pure breach of contract cases in recent years. The Supreme Court reaffirmed this development in its recent and leading decision in Whiten v. Pilot Insurance Co. The Court attempted to craft an approach to the awarding of punitive damages that would avoid the worst excesses of the American experience in Pilot Insurance. The author explores whether the Court succeeded in attaining that laudable objective, concluding that the decision disappoints by failing to supply a convincing reason for extending the scope of punitive damages in the contract context beyond …


Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman Nov 2004

Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman

San Diego Law Review

In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest …


Brown Ii's "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid-Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman Nov 2004

Brown Ii's "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid-Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman

San Diego Law Review

In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' …


The Rise And Decline Of Structural Remedies, Russell L. Weaver Nov 2004

The Rise And Decline Of Structural Remedies, Russell L. Weaver

San Diego Law Review

One of the most significant remedial developments during the twentieth century was the rise and (partial) decline of the structural injunction in which courts, usually federal courts, restructure or reshape legislative or administrative agencies such as schools or prisons. Structural remedies appear to be inconsistent with the judicial function conceptually. Despite this concern, federal courts have entered structural relief in an extraordinary array of cases that have dramatically reshaped society. This Article examines the structural remedy and offers some reflections on its appropriate use.


Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas Nov 2004

Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas

San Diego Law Review

This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …


"Preliminarily" Enjoining Elections: A Tale Of Two Ninth Circuit Panels, James M. Fischer Nov 2004

"Preliminarily" Enjoining Elections: A Tale Of Two Ninth Circuit Panels, James M. Fischer

San Diego Law Review

In the context of many election challenges, given time constraints involved, preliminary injunctions will be the remedy of necessity for those who seek postponement of the election. This Article examines whether the tests for granting preliminary injunctions are adequate for the task and whether the standards for reviewing district court decisions are sufficient.


Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer Nov 2004

Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer

San Diego Law Review

This Article compares and contrasts the lack of success in desegregating the schools with the greater success in eliminating discrimination from the workplace and suggests that the workplace and schoolhouse can act together for the benefit of both. Part II theorizes that Brown might, in hindsight, have been more successfully implemented and demonstrates why what might have been done earlier probably would not work today. Part III compares the plight of students who have not been helped by Brown with the plight of working parents whose family demands have kept them from sharing fully in the promise of Title VII. …


The Law Of Remedies In The Second Half Of The Twentieth Century: An Australian Perspective, Gary Davis, Michael Tilbury Nov 2004

The Law Of Remedies In The Second Half Of The Twentieth Century: An Australian Perspective, Gary Davis, Michael Tilbury

San Diego Law Review

This Article examines the development of the law of Remedies in Australia during the second half of the twentieth century. The authors look at the general triumph of the compensation principle, the resurgence of equitable compensation, the statutory overlay of the common law, and conclude with issues for the twenty-first century.


Why We Write: Reflections On Legal Scholarship, Emily Sherwin Nov 2004

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

San Diego Law Review

In the Articles that follow, a group of extraordinarily successful legal scholars set out their thoughts on the enterprise of legal scholarship. Their conceptions of that enterprise vary widely. The range of their views, and of course, the very idea of a set of articles on why we write articles, suggests the uncertainty that affects the field. At the same time, most of the authors are reasonably optimistic about the value of scholarship about the law.


Why Do Emprirical Legal Scholarship?, Theodore Eisenberg Nov 2004

Why Do Emprirical Legal Scholarship?, Theodore Eisenberg

San Diego Law Review

People conduct legal scholarship for many different reasons. This Article focuses on the demand for and reaction to scholarship that helps inform litigants, policymakers, and society as a whole about how the legal system works. The author argues that the need for legally sophisticated empirical analysts is clear.


Legal Scholarship: A Corporate Scholar's Perspective, Jonathan R. Macey Nov 2004

Legal Scholarship: A Corporate Scholar's Perspective, Jonathan R. Macey

San Diego Law Review

Using Professor Jonathan Macey's own field, corporate law, as its focal point, this Article argues that alternative approaches to legal scholarship, whatever their other merits, do not help connect the law school to other parts of the universities in which they are situated, and in face actually alienate the law school from their more intellectually rigorous campus counterparts.


Legal Scholarship As Resistance To "Science", Steven D. Smith Nov 2004

Legal Scholarship As Resistance To "Science", Steven D. Smith

San Diego Law Review

Why do law professors continue to produce scholarship even after achieving tenure? This essay, presented as part of a AALS panel discussing "Why We Write?", considers some common and less common responses, and suggests that for at least a few professors, legal scholarship can serve as a way of resisting the overbearing dominance of the "scientific" worldview evident in so much modern thought in favor of a perspective more attentive to the value of persons.


Writing Highs And Lows, Kimberly A. Yuracko Nov 2004

Writing Highs And Lows, Kimberly A. Yuracko

San Diego Law Review

Professor Kimberly Yuracko explores the high and low reasons why academics write. In her opinion, the high reasons seem more noble and pure than the low reasons.


False Endorsement Or First Amendment?: An Analysis Of Celebrity Trademark Rights And Artistic Expression, Joshua Beser Nov 2004

False Endorsement Or First Amendment?: An Analysis Of Celebrity Trademark Rights And Artistic Expression, Joshua Beser

San Diego Law Review

In Part I, this Comment will address both artistic and entertainment industry issues relating to using celebrity names and images in creative works. Part II will discuss the relationship between state right of publicity and privacy claims, and federal trademark law. Part III will discuss the Lanham Act's history and purpose, including its traditional applications and recent amendments. Part IV will address the First Amendment issues raised when creative works use celebrities' names and images. Part V will address the three tests courts use to balance section 43(a) Lanham Act claims and First Amendment rights. Part VI will advocate the …


California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston Nov 2004

California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston

San Diego Law Review

This Comment will discuss the problems underlying California's Unfair Competition Law that eventually led to the adoption of Proposition 64. It will also assess the Proposition's method of addressing those problems, which arose due to the UCL's broad standing provision and lack of res judicata effect. Additionally, this Comment will look at outstanding issues not remedied by the recent amendments to 17200, as well as review recent judicial decisions and evaluate their success at clarifying a law that one California Supreme Court Justice has dubbed a "growth industry."


Raich V. Ashcroft: Medical Marijuana And The Revival Of Federalism, Samantha Everett Nov 2004

Raich V. Ashcroft: Medical Marijuana And The Revival Of Federalism, Samantha Everett

San Diego Law Review

In Raich v. Ashcroft, the Ninth Circuit ruled that the CSA was an unconstitutional exercise of congressional commerce power when applied to citizens who use marijuana that has not traveled interstate and was never intended for interstate or foreign commerce. This Casenote argues that Raich was correctly decided and should be upheld by the Supreme Court on appeal. In addition, the judiciary should continue to narrowly interpret the commerce power in order to further the fundamental purpose of our dual system of government: protection of individual rights. More specifically, courts should apply the reasoning of Raich and narrowly define the …


Nucleation Rates Of Water And Heavy Water Using Equations Of State, Abdalla Obeidat, Jin-Song Li, Gerald Wilemski Nov 2004

Nucleation Rates Of Water And Heavy Water Using Equations Of State, Abdalla Obeidat, Jin-Song Li, Gerald Wilemski

Physics Faculty Research & Creative Works

The original formula of Gibbs for the reversible work of critical nucleus formation is evaluated in three approximate ways for ordinary and heavy water. The least approximate way employs an equation of state to evaluate the pressure difference between the new and old phases. This form of the theory yields a temperature dependence for the nucleation rate close to that observed experimentally. This is a substantial improvement over the most commonly used (and most approximate) form of classical theory.©2004 American Institute of Physics.


Monoliths As Multiphase Reactors: A Review, Shaibal Roy, Tobias Bauer, Muthanna H. Al-Dahhan, Peter Lehner, Thomas Turek Nov 2004

Monoliths As Multiphase Reactors: A Review, Shaibal Roy, Tobias Bauer, Muthanna H. Al-Dahhan, Peter Lehner, Thomas Turek

Chemical and Biochemical Engineering Faculty Research & Creative Works

Monolith Reactors Are Being Studied as a Replacement for Conventional Multiphase Reactors Such as Trickle-Bed Reactors, Slurry Reactors, and Slurry Bubble Column Reactors for Gas-Liquid-Solid Reactions. Reactors with Monolith Catalyst Packing Have Been Found to Be Hydrodynamically Superior to Existing Industrial Reactors. This Review Covers Multiphase Reactions Carried Out in Monolith Reactors by Various Researchers. It First Defines the Monolith Reactor and Looks into the Geometrical Aspects of Monolith. the Section Dealing with Hydrodynamics Reviews Pressure Drop, Phase Holdup, Flow Distribution, and Dispersion Characteristics. This Study Also Considers the Tools Used to Characterize the Hydrodynamic Parameters and their Typical Values. …


Liquid Holdup And Pressure Drop In The Gas-Liquid Cocurrent Downflow Packed-Bed Reactor Under Elevated Pressures, Jing Guo, Muthanna H. Al-Dahhan Nov 2004

Liquid Holdup And Pressure Drop In The Gas-Liquid Cocurrent Downflow Packed-Bed Reactor Under Elevated Pressures, Jing Guo, Muthanna H. Al-Dahhan

Chemical and Biochemical Engineering Faculty Research & Creative Works

An Experimental Investigation of the Residence Time Distribution, Liquid Holdup, and Pressure Drop in a Gas-Liquid Downflow Packed Bed Reactor with Porous Particles Operated under Elevated Pressures is Presented. the Effects of the Two-Phase Flow Rates and Reactor Pressures on the External Liquid Holdup and Pressure Drop Are Discussed. a Mechanistic Model, Which Accounts for the Interaction between the Gas and Liquid Phases by Incorporating the Shear and Velocity Slip Factors between Phases, is Employed to Predict the External Liquid Holdup and Pressure Drop for the Experimentally Covered Flow Regime. the Involved Parameters, Such as Shear and Velocity Slip Factors …