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2004

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A High Precision Radial Velocity Survey Of K Giants, David S. Mitchell Jan 2004

A High Precision Radial Velocity Survey Of K Giants, David S. Mitchell

Physics

Precise radial velocity measurements of stars can provide a powerful tool for both examining the intrinsic atmospheric activity of the star, and testing for the existence of substellar orbital companions. This method has been used to detect the vast majority of known extrasolar planets, as well as probing the asteroseismological characteristics of active stars. This dissertation presents the results of a precise radial velocity survey of 177 bright K giant stars. Six of the stars have data that indicate the presence of planetary or brown dwarf orbital companions. Many others have evidence of nonradial pulsations, and twenty binary stars are …

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Devotional Cccu Library Directors Meeting "Le'l' The Process Go On" I June 13,2003, Linda Poston Jan 2004

Devotional Cccu Library Directors Meeting "Le'l' The Process Go On" I June 13,2003, Linda Poston

The Christian Librarian

We can all recite the saying "The Christian life isn't a bed of roses" - so why do we get so surprised or upset when difficult things happen to us? Why do we somehow feel we have to "have it all together" and never show any signs of need or weakness? I believe we have let the world squeeze us into its mold of "the good life" - free of pain and struggle, full of self-indulgence and the mind-set of avoiding pain and struggle at all costs.

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Student Worker Experience Making It Meaningful For Today & Tomorrow, Roundtable Discussion, Lindsay L. Van Sicklen Jan 2004

Student Worker Experience Making It Meaningful For Today & Tomorrow, Roundtable Discussion, Lindsay L. Van Sicklen

The Christian Librarian

This article is the result of a Roundtable Discussion given at the 2003 annual ACL conference. The conference brochure description of the Roundtable follows: Most of us have student workers. How can we ensure that the experiences they have today equip them for the future they face after they graduate? Come prepared to discuss the role we can have in making our student workers time with us count both for today and tomorrow.

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Thanks, Anne-Elizabeth Powell Jan 2004

Thanks, Anne-Elizabeth Powell

The Christian Librarian

Please join me in thanking Diane for her service to ACL and for the product she has so ably assisted in bringing to the Association 3 times a year for almost a decade.

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News & Views, Sandra Yaegle Jan 2004

News & Views, Sandra Yaegle

The Christian Librarian

No abstract provided.

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The Pixel Frontier: Electronic Books Twenty-First Century In The Library, Lori Thornton Jan 2004

The Pixel Frontier: Electronic Books Twenty-First Century In The Library, Lori Thornton

The Christian Librarian

The author examines the growing popularity and acceptance of e-books by taking a look at their availability, strengths and weaknesses, acceptance by users, and ways to introduce readers to the format. This was accomplished through a survey of the literature, observations of users, and an informal survey of students at Carson-Newman College.

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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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Faculty Roles And Rewards: Recommendations On A Faculty Effort Assignment Model, Georgia Southern University Jan 2004

Faculty Roles And Rewards: Recommendations On A Faculty Effort Assignment Model, Georgia Southern University

Faculty Senate: Index

No abstract provided.

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Preparation Of School Library Media Specialists In The United States, Donna M. Shannon Jan 2004

Preparation Of School Library Media Specialists In The United States, Donna M. Shannon

Faculty Publications

No abstract provided.

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President's Page, Samantha K. Hastings Jan 2004

President's Page, Samantha K. Hastings

Faculty Publications

No abstract provided.

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Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain Jan 2004

Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain

Law Faculty Publications

With last fall marking the fiftieth anniversary of Earl Warren's appointment as Chief Justice, enough time has passed to place the criminal procedure revolution in proper historical perspective and rethink the Court's role there as countermajoritarian hero. In the discussion that follows, I aim to do that by examining five of the revolution's most celebrated decisions: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Katz v. United States, and Terry v. Ohio. In none of these cases, I argue, did the Supreme Court act in a manner truly deserving of its countermajoritarian image. To be clear, I do not …

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The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr. Jan 2004

The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …

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More Proposals To Simplify Modern Federal Procedure, Carl W. Tobias Jan 2004

More Proposals To Simplify Modern Federal Procedure, Carl W. Tobias

Law Faculty Publications

Response to Edward H. Cooper, Simplified Rules of Federal Procedure1, 100 Mich. L. Rev. 1794 (2002)

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Doing Right By Charles Alan Wright, Carl W. Tobias Jan 2004

Doing Right By Charles Alan Wright, Carl W. Tobias

Law Faculty Publications

Review of Charles Alan Wright & Mary Kay Kane, Law of Federal Courts (6th ed. 2002)

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Brown's Legacy At Fifty, Carl W. Tobias Jan 2004

Brown's Legacy At Fifty, Carl W. Tobias

Law Faculty Publications

Review of James T. Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001)

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Does Capital Punishment Have A Future? : A Resource Guide For Teachers, David L. Hudson Jr. Jan 2004

Does Capital Punishment Have A Future? : A Resource Guide For Teachers, David L. Hudson Jr.

Law Faculty Scholarship

The resource guide is intended to help teachers lead students through an exploration of the application of capital punishment in the United States. It offers substantive information about landmark U.S. Supreme Court cases affirming the constitutionality of the dearth penalty, establishing limits for its imposition, and setting legal procedures for judicial review. It explores the philosophical arguments for and against the death penalty, the social context for the death penalty debate, and current international perspectives. Understanding capital punishment and the issues it raises for the American legal system is necessary for students to become fully functioning citizens in a constitutional …

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Is Bird Nesting In The Best Interest Of Children, Michael T. Flannery Jan 2004

Is Bird Nesting In The Best Interest Of Children, Michael T. Flannery

SMU Law Review

No abstract provided.

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Loss Of Consortium - Texas Supreme Court Declines To Recognize A Parent's Loss Of Consortium Claim Resulting From A Non-Fatal Injury To Child, Angela R. Lilly Jan 2004

Loss Of Consortium - Texas Supreme Court Declines To Recognize A Parent's Loss Of Consortium Claim Resulting From A Non-Fatal Injury To Child, Angela R. Lilly

SMU Law Review

No abstract provided.

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Business Torts, Charles M. Hosch Jan 2004

Business Torts, Charles M. Hosch

SMU Law Review

No abstract provided.

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Feminizing The Text, Feminizing The Reader? The Mirror Of "Feminitie" In The Testament Of Cresseid, Sarah M. Dunnigan Jan 2004

Feminizing The Text, Feminizing The Reader? The Mirror Of "Feminitie" In The Testament Of Cresseid, Sarah M. Dunnigan

Studies in Scottish Literature

No abstract provided.

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Gaelic Translations Of Burns, J. Derrick Mcclure Jan 2004

Gaelic Translations Of Burns, J. Derrick Mcclure

Studies in Scottish Literature

No abstract provided.

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Burns And His Visitors From Ulster: From Adulation To Disaccord, John Gray Jan 2004

Burns And His Visitors From Ulster: From Adulation To Disaccord, John Gray

Studies in Scottish Literature

No abstract provided.

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Learning “The True, The Good And The Beautiful” In Law School: Educating The Twenty-First Century Litigator, Michael T. Colatrella Jr. Jan 2004

Learning “The True, The Good And The Beautiful” In Law School: Educating The Twenty-First Century Litigator, Michael T. Colatrella Jr.

McGeorge School of Law Scholarly Articles

The author uses the ancient Greek ideal of learning “the true, the good and the beautiful” to form a basis from which legal education can produce lawyers who will be more valuable to their clients and more fulfilled in their twenty-first century careers. To begin, the Article advocates that law schools can foster the Greek ideal of learning “the true” by increasing its focus on “collaborative advocacy” in the core curriculum instead of relying so heavily on “adversarial advocacy” that dominates the required curricula at most law schools. To pursue learning outcomes that are better aligned with the skills needed …

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The September 11 Immigration Detentions And Unconstitutional Executive Legislation, Raquel Aldana Jan 2004

The September 11 Immigration Detentions And Unconstitutional Executive Legislation, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.

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Earnings Management And The Business Judgment Rule: An Essay On Recent Corporate Scandals, Franklin A. Gevurtz Jan 2004

Earnings Management And The Business Judgment Rule: An Essay On Recent Corporate Scandals, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Effect Of Size-Limited Brood Capacity On Brood Size In A Freshwater Bivalve, Mark Beekey Jan 2004

The Effect Of Size-Limited Brood Capacity On Brood Size In A Freshwater Bivalve, Mark Beekey

Biology Faculty Publications

Size limited brood capacity is common among species with hard exoskeletons or shells. In these species, brood size is limited by the physical capacity to hold offspring. Here we present evidence that brood size is limited by physical constraints in Sphaerium striatinum , a small brooding bivalve. Sphaerium striatinum is a sequential brooder and produces offspring throughout the year. Offspring are brooded in marsupial sacs located on the inner demibranch. In an unconstrained brooder one would predict that brood size would increase as a function of adult length cubed, a volumetric relationship. In S. striatinum, brood size increases as less …

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Diet Quality And Food Limitation Affect The Dynamics Of Body Composition And Digestive Organs In A Migratory Songbird (Zonotrichia Albicollis), Barbara J. Pierce, Scott R. Mcwilliams Jan 2004

Diet Quality And Food Limitation Affect The Dynamics Of Body Composition And Digestive Organs In A Migratory Songbird (Zonotrichia Albicollis), Barbara J. Pierce, Scott R. Mcwilliams

Biology Faculty Publications

Migrating songbirds interrupt their feeding to fly between stopover sites that may vary appreciably in diet quality. We studied the effects of fasting and food restriction on body composition and digestive organs in a migratory songbird and how these effects interacted with diet quality to influence the rate of recovery of nutrient reserves. Food limitation caused whitethroated sparrows to reduce both lean and fat reserves, with about 20% of the decline in lean mass represented by a decline in stomach, small intestine, and liver. During refeeding on diets similar in nutrient composition to either grain or fruit, foodlimited grain-fed birds …

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The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash Jan 2004

The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …

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Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Jan 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

Law Faculty Publications

One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …

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Smart Growth For Community Development, Wendy Collins Perdue Jan 2004

Smart Growth For Community Development, Wendy Collins Perdue

Law Faculty Publications

The built environment has a profound effect on public health. For instance, community transportation policy influences pollution levels, which in turn contribute to levels of illness and death. The panelists for this session elaborate on this concept with perspectives drawn from varied experiences.

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