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2005

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Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler Jan 2005

Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Research on children and the law has recently renewed its focus on the development of children's ties to law and legal actors. We identify the developmental process through which these relations develop as legal socialization, a process that unfolds during childhood and adolescence as part of a vector of developmental capital that promotes compliance with the law and cooperation with legal actors. In this paper, we show that ties to the law and perceptions of law and legal actors among children and adolescents change over time and age. We show that neighborhood contexts and experiences with legal actors shape the …

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Genetic Variation In Ustilago Bullata: Molecular Genetic Markers And Virulence On Bromus Tectorum Host Lines, Mikel Stevens, Daniel J. Fairbanks, Susan E. Meyer, David L. Nelson, Suzette Clement, Jennifer Waters Jan 2005

Genetic Variation In Ustilago Bullata: Molecular Genetic Markers And Virulence On Bromus Tectorum Host Lines, Mikel Stevens, Daniel J. Fairbanks, Susan E. Meyer, David L. Nelson, Suzette Clement, Jennifer Waters

Faculty Publications

The pathogen Ustilago bullata often causes epidemic levels of head smut disease in Intermountain populations of the inbreeding annual grass Bromus tectorum. We examined patterns of genetic variation for virulence and for amplified fragment length polymorphism (AFLP) markers in four U. bullata populations on B. tectorum in northern Utah and southern Nevada. Patterns of disease incidence generally supported a genefor-gene model for virulence and resistance in this pathosystem. Most host lines were susceptible to most or all paired isolates included in cross-inoculation tests, but we found evidence for the existence of four avirulence genes. Host lines with alleles conferring resistance …

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Seasonal Acceptance Of Fourwing Saltbush By Sheep When Crested Wheatgrass Is The Alternative, Val J. Anderson, R. D. Horrocks, Christine W. Royer, Stephen B. Monsen Jan 2005

Seasonal Acceptance Of Fourwing Saltbush By Sheep When Crested Wheatgrass Is The Alternative, Val J. Anderson, R. D. Horrocks, Christine W. Royer, Stephen B. Monsen

Faculty Publications

Many sagebrush-grass ranges have been seeded to crested wheatgrass [Agropyron desertorum (Fischer ex Link) Shultes]. These ranges are generally nutritionally inadequate for sheep (Ovis aries L.), except for short grazing periods in the spring and fall. To increase production and diversity, particularly crude protein for late-season grazing, fourwing saltbush [Atriplex canescens (Pursch.) Nutt.] was planted in an existing stand of crested wheatgrass. Quantification of sheep forage preferences on these improved ranges aids in determining the length of the grazing season and the extent to which shrubs provide the supplemental nutrition required. This seasonal grazing study was conducted on a characteristic …

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The Political Marketplace Of Religion, Calvin R. Massey Jan 2005

The Political Marketplace Of Religion, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg Jan 2005

The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg

Faculty Scholarship

The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …

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Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof Jan 2005

Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof

Cardozo Law Review

No abstract provided.

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Holmes And The Marketplace Of Ideas, Vincent A. Blasi Jan 2005

Holmes And The Marketplace Of Ideas, Vincent A. Blasi

Faculty Scholarship

At least five basic values might be served by a robust free speech principle: (1) individual autonomy; (2) truth seeking; (3) self-government; (4) the checking of abuses of power; (5) the promotion of good character. Free speech might serve one or more of these values by functioning in at least three different ways: (1) as a privileged activity; (2) as a social mechanism; (3) as a cultural force. My contention is that the conventional understanding of the most familiar metaphor in the First Amendment lexicon, the "marketplace of ideas," has had the undesirable effect of focusing attention too much on …

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Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman Jan 2005

Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

We are delighted to participate in a 25th anniversary assessment of Martin Lipton's 1979 article, Takeover Bids in the Target's Boardroom. This is a remarkably prescient article that demonstrates an uncanny ear for an emerging issue. From his vantage point inside targets' boardrooms – and, we assume, also from inside the nearby offices of investment bankers – Lipton spotted a gathering storm on the horizon and sought to channel the emerging issue of takeover policy in a direction that accorded with his own fundamental convictions as well as the interests of his clients. As every academic knows, early intervention …

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Global Warming As A Public Nuisance, Thomas W. Merrill Jan 2005

Global Warming As A Public Nuisance, Thomas W. Merrill

Faculty Scholarship

On July 21, 2004, eight State Attorneys General and the City of New York brought suit in federal district court in the Southern District of New York, seeking to adjudicate the issue of global warming as a public nuisance. Six large electric power producers were named as defendants. The complaint filed in Connecticut v. American Electric Power Co., as the action is styled, alleges that emissions of greenhouse gases from the defendants' plants, in particular carbon dioxide (C02), are contributing to global warming. Count I claims that these greenhouse gas emissions are an actionable public nuisance governed by federal …

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Harry Potter And The Law, Jeffrey E. Thomas, James Charles Smith, Danaya Wright, Benjamin H. Barton Jan 2005

Harry Potter And The Law, Jeffrey E. Thomas, James Charles Smith, Danaya Wright, Benjamin H. Barton

Faculty Scholarship

The magnitude of the Harry Potter phenomenon alone would make it worthy of consideration; the fact that it is children's literature, and thus may play a significant part in forming a future generation's attitudes toward law and legal institutions, makes it even more so. The various contributions to this article explore various aspects of law and culture as presented in or viewed through the Harry Potter stories.

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Choosing How To Regulate, Andrew P. Morriss, Bruce Yandle, Andrew Dorchak Jan 2005

Choosing How To Regulate, Andrew P. Morriss, Bruce Yandle, Andrew Dorchak

Faculty Scholarship

In this Article, the authors survey how agencies create substantive regulations through traditional rulemaking, negotiated rulemaking and litigation. Using public choice analysis, the Article relates agency choice to the agency's incentive structure. The Article also shows how the different forms of regulatory activity influence the content of agency regulations. Using a case study of EPA's regulation of heavy-duty diesel engines, the Article examines EPA's choices over thirty years as a means of testing the proposed theory. Finally, the Article concludes with a critique of allowing agencies to choose how they will regulate because the choice allows agencies to evade constraints …

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Hayek & (And) Cowboys: Customary Law In The American West, Andrew P. Morriss Jan 2005

Hayek & (And) Cowboys: Customary Law In The American West, Andrew P. Morriss

Faculty Scholarship

The settlement of the American West during the nineteenth century produced a flourishing Hayekian legal because of the extended absence of state-based legal systems from large parts of the West. Without the crowding out of private law that accompanies the state's assertion of a monopoly over some areas of the law and subsidized competition in others, individuals created dispute resolution mechanisms and rules based on custom and contract. These examples of systems built by not-particularly-well-educated cowboys, gold miners, and migrants suggest that Hayekian legal orders can serve as effective, complete substitutes for state-provided law.

This paper surveys Hayek's legal theory, …

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Are Video Games Art?, Aaron Smuts Jan 2005

Are Video Games Art?, Aaron Smuts

Contemporary Aesthetics (Journal Archive)

In this paper I argue that by any major definition of art many modern video games should be considered art. Rather than defining art and defending video games based on a single contentious definition, I offer reasons for thinking that video games can be art according to historical, aesthetic, institutional, representational and expressive theories of art. Overall, I argue that while many video games probably should not be considered art, there are good reasons to think that some video games should be classified as art, and that the debates concerning the artistic status of chess and sports offer some insights …

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Immersive Contemplation In Video Art Environments, Tiffany Sutton Jan 2005

Immersive Contemplation In Video Art Environments, Tiffany Sutton

Contemporary Aesthetics (Journal Archive)

This essay examines a form of video art -- what is called a "video environment" -- that calls upon as much as it departs from familiar conventions that are bound up in museum display. I argue that the way that works in this genre are housed in museums enables them to give rise to a form of contemplation, one involving immersion, that is, if not unique to this genre, then certainly demonstrated by it. My examples of video environments make a case for the coherence of this rarely experienced immersive form of contemplation, the value of which, in turn, makes …

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Natural And Empty Desires: An Epicurean View Of Musical Experience, Daniel Putnam Jan 2005

Natural And Empty Desires: An Epicurean View Of Musical Experience, Daniel Putnam

Contemporary Aesthetics (Journal Archive)

Epicureans distinguish natural desires, which have their origin in the body itself, from empty desires which are imposed by society. Natural desires allow a person to enjoy pleasures free from anxiety and worry. Empty desires such as those for status or luxury are endless and lead to a life of frustration, resentment and anxiety. In this paper I apply this distinction to musical experience and differentiate between the genuine enjoyment of music and musical experience tainted by empty desires.

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Art And Embodiment: Biological And Phenomenological Contributions To Understanding Beauty And The Aesthetic, Adrienne Dengerink Chaplin Jan 2005

Art And Embodiment: Biological And Phenomenological Contributions To Understanding Beauty And The Aesthetic, Adrienne Dengerink Chaplin

Contemporary Aesthetics (Journal Archive)

Increasing awareness of the crucial and complex role of the body in making and experiencing art has led to a diverse range of biological and phenomenological philosophies of art. The shared emphasis on the role of the body re-connects these contemporary theories of art to aesthetics' pre-Kantian origin as a science of sense-perception (aesthesis) and feeling. Tracing some of the current positions in such diverse thinkers as Dissanayake, Langer, and Merleau-Ponty, this paper will examine their shared interest in art as a pre-reflective, non-discursive mode of knowing, symbolizing, and being-in-the-world. This paper argues that while some biologically based theories have …

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Anchorage To The World, Ken-Ichi Sasaki Jan 2005

Anchorage To The World, Ken-Ichi Sasaki

Contemporary Aesthetics (Journal Archive)

We are anchored to the world because we are bodies. For us, the world means human society based upon nature. Nature is an essential constituent. For human being is bodily existence: social relationships are basically formed through the contact between these bodily existences, one with another, and the cultural space, that is, the city, is based on matter and surrounded by nature. Hence the possibility and the necessity of anchorage. An inanimate object is simply thrown into the sea of matter. Human bodies, on the contrary, do not only belong to this material texture in a passive way but can …

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Born In The Borderlands, Living For Unity: The Story Of A Peacebuilder In Northern Uganda, Emiko Noma Jan 2005

Born In The Borderlands, Living For Unity: The Story Of A Peacebuilder In Northern Uganda, Emiko Noma

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time, or, perhaps, no formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency. Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and nations. While in …

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Peace Between Banyan And Kapok Trees: Untangling Cambodia Through Thavory Huot’S Life Story, Ozlem Ezer Jan 2005

Peace Between Banyan And Kapok Trees: Untangling Cambodia Through Thavory Huot’S Life Story, Ozlem Ezer

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time, or, perhaps, no formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency. Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and nations. While in …

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Bulletin Of The University Of San Diego School Of Law 2005-2007, University Of San Diego. School Of Law Jan 2005

Bulletin Of The University Of San Diego School Of Law 2005-2007, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

44 pages : illustrations, photographs ; 29.5 cm

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Paying For Politics, John M. De Figueiredo, Elizabeth Garrett Jan 2005

Paying For Politics, John M. De Figueiredo, Elizabeth Garrett

Faculty Scholarship

No abstract provided.

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Environmental Impacts Of Technological Change In Bangladesh Agriculture: Farmers' Perceptions, Determinants, And Effects On Resource Allocation Decisions, S Rahman Jan 2005

Environmental Impacts Of Technological Change In Bangladesh Agriculture: Farmers' Perceptions, Determinants, And Effects On Resource Allocation Decisions, S Rahman

School of Geography, Earth and Environmental Sciences

This article measures the impact of modern technology adoption in raising farmers' environmental awareness and the impact of farmers' environmental awareness on resource use by utilizing survey data from 21 villages in three agro‐ecological regions of Bangladesh. The econometric analysis is based on the application of the Tobit model explaining farmers' environmental awareness in the first stage and a profit function examining environmental awareness and resource use relationships in the second stage. Results reveal that the “level” and “duration” of involvement with modern technology raises farmers' environmental awareness, and that farmers' environmental awareness reduces resource use including chemicals. Farmers, who …

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Mobility: The Fourth Dimension In The Fine Arts And Architecture, Gerd-Helge Vogel Jan 2005

Mobility: The Fourth Dimension In The Fine Arts And Architecture, Gerd-Helge Vogel

Contemporary Aesthetics (Journal Archive)

Mobility is a basic behavioural pattern of human beings that has been accelerating in the course of its social development. Especially since the beginnings of the industrial revolution, mobility has caused a fundamental change in human relationships that continues today. This becomes visible when we look at the aesthetic and spiritual impact on architecture and the fine arts. It is my intention to present significant examples in order to give an idea of the different stages of its development today.

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Advocate 2005 Volume 21 Number 2, Office Of Development And Alumni Affairs, Usd School Of Law Jan 2005

Advocate 2005 Volume 21 Number 2, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

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A Model For Data Collection And Reporting For Cow/Calf And Feedlot Operations, Dale Zobell, Michael Coe, Brett Bowman Jan 2005

A Model For Data Collection And Reporting For Cow/Calf And Feedlot Operations, Dale Zobell, Michael Coe, Brett Bowman

All Current Publications

This fact sheet evaluates identification tags used at the Utah State cow/calf ranch operation, includng the identification devices, the hardware used to record individual data, and the data collection software.

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Wintering Fall-Calving Cow Pairs By Grazing Standing Corn Plants Vs. Mechanically Harvested Feeds Such As Hay Or Straw, A Comparison Of The Performance And Economics, Dale Zobell, Don Snyder, Randall Wiedmeier, Dale Meek, P. R. Schmidt, T. D. Mcniven Jan 2005

Wintering Fall-Calving Cow Pairs By Grazing Standing Corn Plants Vs. Mechanically Harvested Feeds Such As Hay Or Straw, A Comparison Of The Performance And Economics, Dale Zobell, Don Snyder, Randall Wiedmeier, Dale Meek, P. R. Schmidt, T. D. Mcniven

All Current Publications

No abstract provided.

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Beef Quality And Yield Grading, Dale Zobell, Lyle Holmgren, Dick Whittier Jan 2005

Beef Quality And Yield Grading, Dale Zobell, Lyle Holmgren, Dick Whittier

All Current Publications

No abstract provided.

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Fourth Graders' Development Of Multimedia Portfolios., Veronica D. Kuminkoski-Yurt Jan 2005

Fourth Graders' Development Of Multimedia Portfolios., Veronica D. Kuminkoski-Yurt

Graduate Theses, Dissertations, and Problem Reports (ETD)

A review of the literature indicates there is a need for alternative assessment practices for elementary students. Seven fourth grade students in a small rural school will learn how to construct an electronic portfolio that will exhibit their progress and achievement. The contents of the portfolio must include student participation in the selection as well as provide evidence of self-reflection. This study researches a computer-based portfolio, which uses HyperStudio software. This program will allow students to create sound, video, graphics, and animation during the construction process. As students build their multimedia portfolios, they will learn how to use technology as …

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Agrostology; An Introduction To The Systematics Of Grasses, James P. Smith Jr Jan 2005

Agrostology; An Introduction To The Systematics Of Grasses, James P. Smith Jr

Botanical Studies

No abstract provided.

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Suffolk University Beacon Yearbook, 2005, Suffolk University Jan 2005

Suffolk University Beacon Yearbook, 2005, Suffolk University

Undergraduate Yearbooks

No abstract provided.

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