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2005

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Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman Jan 2005

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

Cleveland State Law Review

This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.


Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz Jan 2005

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz

Cleveland State Law Review

This Article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those cases that were decided after the federal question became clear. The Article first inquires into the role …


Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr. Jan 2005

Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr.

Cleveland State Law Review

This is an appeal to your generation, the generation struggling to make the prolonged and stressful transition from law student to seasoned attorney. This evolution can be painfully despiriting, and I hope that my little sermon will provide ideas on how to transform a potentially grueling struggle for sustenance into a genuine labor of love. My sources stem from divergent roots, both Eastern—Buddhist with pinches of Hindu—and Western— ranging from Platonic to perhaps the moronic. I make no pretense of being an expert in any philosophical school, and I have no desire to indoctrinate others. To the contrary, I aspire …


Medical Monitoring Without Physical Injury; The Least Justice Can Do For Those Industry Has Terrorized With Poisonous Products, Richard Bourne Jan 2005

Medical Monitoring Without Physical Injury; The Least Justice Can Do For Those Industry Has Terrorized With Poisonous Products, Richard Bourne

SMU Law Review

No abstract provided.


Conflict Of Laws, James P. George, Anna K. Teller Jan 2005

Conflict Of Laws, James P. George, Anna K. Teller

SMU Law Review

No abstract provided.


Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg Jan 2005

Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


Habitat Use By Waterfowl Wintering In Narragansett Bay, Rhode Island, Richard A. Mckinney Jan 2005

Habitat Use By Waterfowl Wintering In Narragansett Bay, Rhode Island, Richard A. Mckinney

Open Access Dissertations

Coastal areas near urban centers often provide waterfowl habitat, but little is known of the effects of human development on wintering waterfowl. We used energetic and modeling approaches to examine habitat use by wintering waterfowl along a gradient of human disturbance in an urban estuary in the northeast U.S. Using estimates of the energetic costs of thermoregulation and different behaviors, we developed a model to estimate daily energy expenditure (DEE) of wintering buffleheads (Bucephala albeola) at six sites in Narragansett Bay, RI. Bufflehead DEE ranged from 46.9-52.4 kJ/hr, and energetic costs of thermoregulation comprised as much as 28% of their …


Abu Ghraib: (Un)Becoming Photographs: How Can Art Educators Address Current Images From Visual Culture Perspectives?, Nancy Pauly Jan 2005

Abu Ghraib: (Un)Becoming Photographs: How Can Art Educators Address Current Images From Visual Culture Perspectives?, Nancy Pauly

Journal of Social Theory in Art Education

On Friday, May 7, 2004 the front page of The New York Times contained two photographs and a headline: "From Picture of Pride to Symbol of Abuse" (Dao, 2004, p.1). In the top photograph Lynndie R. England appears in 2003, smiling, standing in a relaxed family setting, and wearing a blue" Authentic USA" hooded sweatshirt with red and white lettering. Until early May that photo had been displayed in the Mineral County West Virginia Courthouse with other photographs of local soldiers stationed in Iraq.


“People Should Come To Work”: Un-Becoming Cartesian Subjects And Objects In Art Education, Sara Wilson Mckay Jan 2005

“People Should Come To Work”: Un-Becoming Cartesian Subjects And Objects In Art Education, Sara Wilson Mckay

Journal of Social Theory in Art Education

When asked about how he wants viewers to engage with his often confrontational and difficult work, performance artist William Pope. L responded, "people should come to work" (personal communication, February 3, 2003). Preparedness to engage, to work, is at the core of considering the connection of art education and democracy. All too often that connection is reduced to the idea of beauty being in the "eye of the beholder" and you can do whatever you want-flit's a free country!" Re-imagining the work of art education, I want to talk of rhizomes and cyborgs, perhaps at the risk of alienating readers …


(Un)Becoming Queer/(Un)Becoming Lgbtic, Kimberly Cosier, Laurel Lampela, Susan Marie De La Garnica, James Sanders, Deborah L. Smith-Shank, Mindi Rhodes, Jessie Whitehead Jan 2005

(Un)Becoming Queer/(Un)Becoming Lgbtic, Kimberly Cosier, Laurel Lampela, Susan Marie De La Garnica, James Sanders, Deborah L. Smith-Shank, Mindi Rhodes, Jessie Whitehead

Journal of Social Theory in Art Education

This article is one result of an ongoing dialogue among a number of members of the LGBTIC/Queer Caucus. The dialogue has taken place primarily through a torrent of e-mails, but also through a number of emotionally charged telephone calls. It began as a friendly, (perhaps naively) simple idea -to turn members' viewpoints about changing the name of our caucus, from "Lesbian, Gay, Bisexual and Transgendered Issues Caucus" to "Queer Issues Caucus" into an article. What began with good will and a fervent hope for understanding, at times turned into vitriol and contention -volleys of world views, personal identities, and philosophies. …


In The Realm Of The “Real”: Outsider Art And Its Paradoxes For Art Educators, Jan Jagodzinski Jan 2005

In The Realm Of The “Real”: Outsider Art And Its Paradoxes For Art Educators, Jan Jagodzinski

Journal of Social Theory in Art Education

In this essay I want to argue that un (becoming) is a word much like Freud's (1919) discussion of the word unheimlich (uncanny), which reveals a secretive and clandestine aspect of art that art educators must and should concern themselves with, since it identifies a "realm of the Real" whose abjection legitimates our very practice at its expense. It marks a return of the repressed. Un (becoming), like Freud's uncanny is visual art's non-reflected double as I attempt to show. This is the issue I wish to raise when it comes to the question of so-called "Outsider art," sometimes referred …


Female Judging, Theresa M. Beiner Jan 2005

Female Judging, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.


Ethnophytotherapical Approaches For The Treatment Of Diabetes By The Local Inhabitants Of District Attock (Pakistan), Mushtaq Ahmad Et Al. Jan 2005

Ethnophytotherapical Approaches For The Treatment Of Diabetes By The Local Inhabitants Of District Attock (Pakistan), Mushtaq Ahmad Et Al.

Ethnobotanical Leaflets

Results of the present investigation are based on 37 indigenous plant species belonging to 23 Angiospermic families. These indigenous plants were used as traditional phytotherapies for the control and treatment of diabetes millitus. The rural inhabitants of the area classified these traditional phytotherapies on the basis of uses of various parts of plants and method of their uses. About 29 traditional phytotherapies were investigated from the rural inhabitants of the area. These traditional phytotherapies were classified as antidiabetic extracts, leaves, powders, flour, seeds, vegetables, fruits and herbal mixtures.


The Lost Glory Of Folk Medicine, Amrit Pal Singh Jan 2005

The Lost Glory Of Folk Medicine, Amrit Pal Singh

Ethnobotanical Leaflets

Folk medicine is significant source of Ayurvedic, Unani, Traditional Chinese Medicine (TCM) and Medical herbalism. Folk medicine incorporates crude medicinal herbs, decoctions and infusions and syrups. Folk medicine is still practiced by some vendors, hakims and vaids in remote areas and some folk preparations are of surprisingly high curative value. A large proportion of the population in a number of developing countries still relies on traditional practitioners, including traditional birth attendants, herbalists and bonesetters and on local medicinal plants to satisfy their primary health care needs. Vincristine and vinblastine, the potent anti cancer drugs were derived from folk plant, Vinca …


Ayurveda And Drug Standardization, Amrit Pal Singh Jan 2005

Ayurveda And Drug Standardization, Amrit Pal Singh

Ethnobotanical Leaflets

No abstract provided.


Studies On The Traditional Uses Of Plants Of Malam Jabba Valley, District Swat, Pakistan, Ilyas Iqbal, Muhammad Hamayun Jan 2005

Studies On The Traditional Uses Of Plants Of Malam Jabba Valley, District Swat, Pakistan, Ilyas Iqbal, Muhammad Hamayun

Ethnobotanical Leaflets

This paper is based on the results of a project carried out in the remote Hindukush-Himalayan region of Malam Jabba, in order to study the ethnobotanically valued flora of the area. Malam Jabba valley contains 187 plant species of ethnobotanical importance, belonging to 75 families. The plants were classified as medicinal plants (95 Species), agro forestry based plants (57 Spp.), vegetable and pot herb (39 Spp.), ornamental (32 Spp.) honey bee attracting (31 Spp.), agricultural tool making (32 Spp.), plants yielding edible fruits (30 Spp.), thatching and sheltering (27 Spp.), fencing and hedge plants (19 Spp.), poisonous (16 Spp.), and …


Ethnobotanical Resources Of Manikhel Forests, Orakzai Tirah, Pakistan, Habib Ahmad Et Al. Jan 2005

Ethnobotanical Resources Of Manikhel Forests, Orakzai Tirah, Pakistan, Habib Ahmad Et Al.

Ethnobotanical Leaflets

Manikhel forests, the far southern extension of Hindu Kush Mountain ranges, exhibit rich floral diversity in its nearly 175 Km2 area. It comprises sub-tropical semi deciduous thorny forests in the southern low lying Mediterranean type of climate and evergreen Oak-Yew forests in the northern faces of the Himalayan type of climate. A wide variety of plants are present in the area but this paper includes only those species whose common use is either known locally or they are in daily use for various purposes. The present investigations comprise 172 plant species belonging to 80 families. Bulk of these plants exhibit …


Distribution Of Steroid-Like Compounds In Plant Flora, Amrit Pal Singh, A. S. Sandhu Jan 2005

Distribution Of Steroid-Like Compounds In Plant Flora, Amrit Pal Singh, A. S. Sandhu

Ethnobotanical Leaflets

Medicinal herbs constitute an effective source of traditional (Ayurvedic, Unani and Homeopathy) and modern medicine. The plant is a biosynthetic laboratory, not only for chemical compounds, but also a multitude of compounds like glycosides, alkaloids etc. These exert physiological and therapeutic effect. The compounds that are responsible for medicinal property of the drug are usually secondary metabolites. Alkaloids, glycosides, neutral principles, resins, oleoresins, sesquiterpene lactones are some of the common active constituents of medicinal herbs. The article reviews distribution of steroid like compounds and their pharmacological importance.


Potential And Market Status Of Mushrooms As Non-Timber Forest Products In Pakistan, Abdul Latif, Zabta Khan Shinwari, Shaheen Begum Jan 2005

Potential And Market Status Of Mushrooms As Non-Timber Forest Products In Pakistan, Abdul Latif, Zabta Khan Shinwari, Shaheen Begum

Ethnobotanical Leaflets

The total area covered by forest in Pakistan is 4.8%. Forest resources directly contribute to 80% of livelihood of people living in extreme poverty. Important Non-Timber Forest Products (NTFPs) are: morels, honey, fruits and nuts, vegetable, condiments and spices, mazri palm, silk cocoon, and many other. 17 species of mushrooms are reported during the study and about 34% of local people are dependent on NTFPs for income generation from these products. Local people rely on their indigenous knowledge for collection, processing, packing, drying, marketing and consumption of various NTFPs, especially mushrooms. Mushrooms, after collection and processing, are sold to the …


Hypericin: A Napthodianthrone From Hypericum Perforatum, Amrit Pal Singh Jan 2005

Hypericin: A Napthodianthrone From Hypericum Perforatum, Amrit Pal Singh

Ethnobotanical Leaflets

Hypericin is a substance isolated from a medicinal herb Hypericum perforatum, commonly known as St. John’s Wort. Hypericin belongs to group of compound known as napthodianthrones. Hypericin is a secondary plant metabolite of St.John’s Wort and the amount of Hypericin strongly depend upon the source of the plant material. Initially Hypericin was considered to be the antidepressant principle of Hypericum perforatum, but according to latest research Hyperforin has emerged as antidepressant principle of the herb. Hypericin is used as standard for identification of genuine plant material and thus has importance from quality control point of view. The standardization …


Ethnobotanical Studies Of Some Useful Shrubs And Trees Of District Buner, Nwfp, Pakistan, Muhammad Hamayun Jan 2005

Ethnobotanical Studies Of Some Useful Shrubs And Trees Of District Buner, Nwfp, Pakistan, Muhammad Hamayun

Ethnobotanical Leaflets

The present study was carried out to assess and document ethnobotanical knowledge of shrubs and trees of District Buner as the area has diverse flora and high ethnobotanical potential. It was found that 94 different plant species are used for medicinal, timber, fuel wood, fodder, ornamental, agricultural tools, thatching, fencing, naming (folklore) and fruit yielding purposes. Bulk of plant species show multiple uses like Juglans regia wood is used for making furniture, gun woody parts, carving and as fuel. Root bark (Dandasa) is used for cleaning and sparkling teeth. Leaves are used by womenfolk for coloring lips (make-up). Nuts are …


The Role Of Natural Products In Pharmacotherapy Of Alzheimer’S Disease, Amrit Pal Singh Jan 2005

The Role Of Natural Products In Pharmacotherapy Of Alzheimer’S Disease, Amrit Pal Singh

Ethnobotanical Leaflets

Alzheimer’s disease is characterized by forgetfulness, disturbance in memory and loss of mental abilities. The final outcome of the disease is loss of personality and intellectual functions. Alzheimer’s disease is common cause of dementia particularly after the age of 70 years. Cholinesterase inhibitors are used for the treatment of Alzheimer’s dementia, but due to unpleasant side effect, these groups of drugs can not be used for long term treatment. Phyto drugs are being investigated for possible cure of Alzheimer’s disease. A number of constituents like Galanthamine, Huperzine, Hyperforin, and Desoxy-peganine have shown promising result. Some Ayurvedic herbs like Bacopa monneria …


Pharmacological Considerations Of Tylophora Asthmatica, Amrit Pal Singh Jan 2005

Pharmacological Considerations Of Tylophora Asthmatica, Amrit Pal Singh

Ethnobotanical Leaflets

Tylophora asthmatica has recently been included as one of the important drugs from natural sources for the treatment of respiratory diseases. Clinical studies have shown effectiveness of the drug in bronchial asthma and thus modern research upholds the ancient claims of traditional medicine. This article reviews the various scientific studies and tries to analyze the current status of Tylophora asthmatica in bronchial asthma.


Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America, Rekhao Rao Jan 2005

Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America, Rekhao Rao

PEEL Alumni Scholarship

In 1999, the Governor of California released Executive Order D-55-99 that ordered the removal of Methyl Tertiary- Butyl Ether (“MTBE”) from California gasoline at the earliest possible date, but no later than December 31, 2002. In March 2002, the Governor extended the phase out for another year, until March 2003. MTBE is a chemical made of oxygen, but often is added to gasoline to boost its octane content, specifically to meet clean fuel requirements. The oxygen content in gasoline helps the gasoline burn more completely and reduce the harmful emissions from automobiles. MTBE has been used by the United States …


Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America , Rekha Rao Jan 2005

Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America , Rekha Rao

Sustainable Development Law & Policy

No abstract provided.


Adapting To Sea Change: Managing Marine Resources In The Face Of Climate Uncertainties, Stephen T. Hesse Jan 2005

Adapting To Sea Change: Managing Marine Resources In The Face Of Climate Uncertainties, Stephen T. Hesse

Sustainable Development Law & Policy

No abstract provided.


World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner Jan 2005

World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner

Sustainable Development Law & Policy

No abstract provided.


Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa Jan 2005

Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa

Traditional Knowledge and Culture

In 2002, the Conference of the Parties (COP) of the Convention on Biological Diversity (CBD) at its Sixth Meeting adopted the Bonn Guidelines to address access to genetic resources and fair and equitable benefit-sharing arising from use of those resources. In the Bonn Guidelines, the CBD COP invited Parties and governments to encourage disclosure of the country of origin of genetic resources and of associated traditional knowledge in applications for intellectual property where the subject matter of the application concerns or makes use of such knowledge in its development. Since 2002, various proposals to facilitate or to mandate such “disclosure …


Comparison In Various Bioactive Compounds Of Leaves And Seeds Of Foeniculum Vulgare Mill., Muhammad Gulfraz Et Al. Jan 2005

Comparison In Various Bioactive Compounds Of Leaves And Seeds Of Foeniculum Vulgare Mill., Muhammad Gulfraz Et Al.

Ethnobotanical Leaflets

Medicinal plants a gift of nature are being used against various infections and diseases in the subcontinent since past history. Herbs were use as food ( vegetables ) and flavors for hundred of years in many parts of world. Whereas number of herbs have also been traditionally regarded as natural remedies for common ailments of human population. Furthermore some herbal plants are considered as house of medicines and played an important role in nearly every culture on earth, including Asia, Africa, Europe and the Americas. A study was conducted to analyze the leaves and seeds of Foeniculum vulgare for different …


Adhatoda Vasica: Therapeutic Monograph, Amrit Pal Singh Jan 2005

Adhatoda Vasica: Therapeutic Monograph, Amrit Pal Singh

Ethnobotanical Leaflets

Vasaka is a common shrub distributed throughout India. In Ayurveda, the ancient system of Indian medicine, it is commonly known as vasa. It commonly grows in waste places. The medicinal value of the medicinal herb has been mentioned in old texts. It is household remedy for various disorders. Charaka Samhita has classified the drug under mucolytic and expectorant drugs.