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2005

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Health Care Organizations With Conforming Changes As Of May 1, 2005; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Health Care Committee Jan 2005

Health Care Organizations With Conforming Changes As Of May 1, 2005; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Health Care Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.


The Layered Dispute Resolution Clause: From Boilerplate To Business Opportunity, Robert N. Dobbins Jan 2005

The Layered Dispute Resolution Clause: From Boilerplate To Business Opportunity, Robert N. Dobbins

UC Law Business Journal

No abstract provided.


Order To Confusion: Trademark Infringement Liability For Search Engine Keying Ads, Perry Viscounty, Jordan Kushner Jan 2005

Order To Confusion: Trademark Infringement Liability For Search Engine Keying Ads, Perry Viscounty, Jordan Kushner

UC Law Business Journal

No abstract provided.


Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young Jan 2005

Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young

UC Law SF Journal on Gender and Justice

The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …


Burn The Panopticon: Irigaray's Ethics, Difference, Poetics, Simone Roberts Jan 2005

Burn The Panopticon: Irigaray's Ethics, Difference, Poetics, Simone Roberts

Reconstruction: Studies in Contemporary Culture

[First paragraph of Prologue]

The following essay has a purpose more than a thesis. This essay explains the central tenets of Irigaray's ethics of sexual difference through an understanding her work as that of a symbolist philosopher. Symbolist poetry and French Feminist philosophy like Irigaray's have several qualities in common. One is that the literal level of language is not where the action is. A reader must think associatively on many levels at once in order to gather and interpret the several indirect messages sent by a particular image or metaphor. Another is an acquired comfort with paradox. Paradoxes lie …


Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum Jan 2005

Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum

Richmond Journal of Law and the Public Interest

Suppose that someone calls the police and alerts them to a crime that has been committed. Using the information provided, the police stop you because you fit the description of the person reported. If the police ask your name, must you give it? The United States Supreme Court believes you must if the state you are in has passed a law requiring you to give your name. In a factual situation very similar to this, the United States Supreme Court held in Hiibel v. Sixth Judicial District Court that the Nevada law requiring a person to provide his name in …


Self-Guided Micro Vehicle: An Autonomous Vehicle With Gps Navigation And 802.11b Communications, Roberto J. Guerra Jan 2005

Self-Guided Micro Vehicle: An Autonomous Vehicle With Gps Navigation And 802.11b Communications, Roberto J. Guerra

USF Tampa Graduate Theses and Dissertations

To facilitate the learning of automatic navigation systems by engineering students an easy to obtain platform is useful. The topic of this thesis is the design and implementation of a basic self-guided vehicle that can be programmed and expanded by anyone possessing basic experience with the C programming language. The Self-Guided Micro Vehicle, (SGMV), uses off-the-shelf easy to obtain parts such as a toy R/C truck and the Handyboard to maximize availability of this technology to students.

This thesis divides the SGMV design process by functionality. It starts by documenting the locomotion system, which was a modified R/C toy truck. …


Ethical Issues In Asbestos Litigation, Lester Brickman Jan 2005

Ethical Issues In Asbestos Litigation, Lester Brickman

Hofstra Law Review

Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …


Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow Jan 2005

Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow

Hofstra Law Review

No abstract provided.


Liability For Direct Advertising Of Drugs To Consumers: An Idea Whose Time Has Not Come, Aaron D. Twerski Jan 2005

Liability For Direct Advertising Of Drugs To Consumers: An Idea Whose Time Has Not Come, Aaron D. Twerski

Hofstra Law Review

Hofstra Law Review has instituted a new "Ideas" section. Leading scholars are encouraged to write short essays from six to ten pages of length. The goal is to allow for publication of ideas that scholars and members of the judiciary wish to air but do not want to develop into full blown heavily footnoted articles. In this inaugural section Dean Twerski has written an article suggesting the reason why courts have continued to immunize drug manufacturers from liability if they give adequate warning of drug related risks to the physician. This immunity continues in force even though manufacturers have advertised …


Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole Jan 2005

Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole

Hofstra Law Review

No abstract provided.


Forum Non Conveniens And The Warsaw Convention: Leaving The Turbulence Behind?, Katherine R. Dieterich Jan 2005

Forum Non Conveniens And The Warsaw Convention: Leaving The Turbulence Behind?, Katherine R. Dieterich

Hofstra Law Review

No abstract provided.


"Don't Be Evil": Gmail's Relevant Text Advertisements Violate Google's Own Motto And Your E-Mail Privacy Rights, Jason Isaac Miller Jan 2005

"Don't Be Evil": Gmail's Relevant Text Advertisements Violate Google's Own Motto And Your E-Mail Privacy Rights, Jason Isaac Miller

Hofstra Law Review

No abstract provided.


Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran Jan 2005

Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran

Hofstra Law Review

This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …


The Evolution Of The "Patient": Shifts In Attitudes About Consent, Genetic Information, And Commercialization In Health Care, Janet L. Dolgin Jan 2005

The Evolution Of The "Patient": Shifts In Attitudes About Consent, Genetic Information, And Commercialization In Health Care, Janet L. Dolgin

Hofstra Law Review

This paper considers the importation of the notion of autonomous individuality into the world of healthcare during the last half century; it also explores the related transformation of the patient into a consumer. These developments have many beneficial dimensions. However, this paper focuses on these developments gone awry so that the result is some sort of excess. The paper describes three such excesses. It refers to the first as the elaboration of autonomous individuality and illustrates it with reference to the involution of the informed consent doctrine.The second excess is referred to as the perversion of autonomous individuality; this is …


Business Necessity And Hostile Work Environment: An Evolutionary Step Forward For Title Vii, Eric S. Tilton Jan 2005

Business Necessity And Hostile Work Environment: An Evolutionary Step Forward For Title Vii, Eric S. Tilton

Hofstra Law Review

No abstract provided.


Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean Jan 2005

Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean

Hofstra Law Review

Political failure has long been the scapegoat for the increasing complexity of the income tax. Over the last few decades, confusion over the meaning of the term simplification appears to have become a second important obstacle to creating simpler tax laws. Because some tax complexity is attractive to taxpayers, relying on taxpayer preferences to identify complexity and to guide simplification efforts has produced reforms and proposals that promise simplification but instead deliver pro-taxpayer deregulation that may cause more of society's resources to be devoted to paying, minimizing and collecting taxes rather than less. The check-the-box election, which provided taxpayers with …


Respecting Intellectually Disabled Parents: A Call For Change In State Termination Of Parental Rights Statutes, Alexis C. Collentine Jan 2005

Respecting Intellectually Disabled Parents: A Call For Change In State Termination Of Parental Rights Statutes, Alexis C. Collentine

Hofstra Law Review

No abstract provided.


The Epitome Of An Insult: A Constitutional Approach To Designated Fighting Words, Linda Friedlieb Jan 2005

The Epitome Of An Insult: A Constitutional Approach To Designated Fighting Words, Linda Friedlieb

University of Chicago Law Review

No abstract provided.


Sociological Thought Experiments: Five Examples From The History Of Sociology, Michael R. Hill Jan 2005

Sociological Thought Experiments: Five Examples From The History Of Sociology, Michael R. Hill

Department of Sociology: Faculty Publications

Iam honored to speak with you today about several topics close to my professional and personal heart. I say personal as well as professional because for some twenty years now my interest in the history of sociology has developed and deepened in tandem with the pioneering research conducted by my life-partner, MaryJo Deegan. Her work on Jane Addams and the Men of the Chicago School, 1892-1918 (Deegan 1988a) has become the paradigm example for the “new history” in sociology, and it is my inspiration for today’s discussion.


Agglomeration Effects And Strategic Orientations: Evidence From The U.S. Lodging Industry, Linda Canina, Cathy A. Enz, Jeffrey S. Harrison Jan 2005

Agglomeration Effects And Strategic Orientations: Evidence From The U.S. Lodging Industry, Linda Canina, Cathy A. Enz, Jeffrey S. Harrison

Management Faculty Publications

This study provides evidence regarding the strategic dynamics of competitive clusters. Firms that agglomerate (co-locate) may benefit from the differentiation of competitors without making similar differentiating investments themselves. Alternatively, co-locating with a high percentage of firms with low-cost strategic orientations reduces performance for firms pursuing high levels of differentiation. Further, the lowest-cost providers with the greatest strategic distance from the norm of the competitive cluster reap the greatest benefit from co-location with differentiated firms. We find empirical support for these ideas using a sample of 14,995 U.S. lodging establishments, and controlling for a number of key demand-shaping factors.


In Teachers' Hands: Effective Literacy Teaching Practices In The Early Years Of Schooling, William Louden, Mary Rohl, Caroline Barratt Pugh, Claire Brown, Trevor Cairney, Jess Elderfield, Helen House, Marion Meiers, Judith Rivalland, Ken Rowe Jan 2005

In Teachers' Hands: Effective Literacy Teaching Practices In The Early Years Of Schooling, William Louden, Mary Rohl, Caroline Barratt Pugh, Claire Brown, Trevor Cairney, Jess Elderfield, Helen House, Marion Meiers, Judith Rivalland, Ken Rowe

Monitoring Learning

This project investigated the link between children’s growth in English literacy in the early years of schooling and their teachers’ classroom teaching practices. Using the LLANS literacy assessment tasks, 2000 children from every state and territory were assessed at the beginning and end of their first or second year at school. The teaching practices used by teachers whose students made most progress were explored. The effective teachers used a wide repertoire and demonstrated key teaching practices with greater consistency, skill and subtlety.


Ignorance Was Bliss: Lynne Truss, You Opened Our Eyes ... And May Have Ruined Our Lives, Jan Miller, Bryce Cameron, Andrea Gottschalk, Brandy Stone, Melanie Yard Jan 2005

Ignorance Was Bliss: Lynne Truss, You Opened Our Eyes ... And May Have Ruined Our Lives, Jan Miller, Bryce Cameron, Andrea Gottschalk, Brandy Stone, Melanie Yard

Language Arts Journal of Michigan

No abstract provided.


Toward More Effective Judicial Implementation Of Treaty-Based Rights, John Quigley Jan 2005

Toward More Effective Judicial Implementation Of Treaty-Based Rights, John Quigley

Fordham International Law Journal

This Article argues that the approach to treaties taken early in the history of the Republic is more consistent with the intended meaning of the Supremacy Clause than the approach reflected in recent judicial practice.


Stages Of Evil: Occultism In Western Theater And Drama, Robert Lima Jan 2005

Stages Of Evil: Occultism In Western Theater And Drama, Robert Lima

Studies in Romance Languages Series

“The evil that men do” has been chronicled for thousands of years on the European stage, and perhaps nowhere else is human fear of our own evil more detailed than in its personifications in theater. In Stages of Evil, Robert Lima explores the sociohistorical implications of Christian and pagan representations of evil and the theatrical creativity that occultism has engendered. By examining examples of alchemy, astronomy, demonology, exorcism, fairies, vampires, witchcraft, hauntings, and voodoo in prominent plays, Stages of Evil explores American and European perceptions of occultism from medieval times to the modern age.


To The Members Of The Congregation Of The Mission (Rome, January 4, 2005), Gregory Gay C.M. Jan 2005

To The Members Of The Congregation Of The Mission (Rome, January 4, 2005), Gregory Gay C.M.

Vincentiana

No abstract provided.


Lent 2005, Gregory Gay C.M. Jan 2005

Lent 2005, Gregory Gay C.M.

Vincentiana

No abstract provided.


Theology Of Adoration, John H. Mckenna C.M. Jan 2005

Theology Of Adoration, John H. Mckenna C.M.

Vincentiana

No abstract provided.


Eucharist, Charity And Social Justice, Gilson Cezar De Camargo C.M. Jan 2005

Eucharist, Charity And Social Justice, Gilson Cezar De Camargo C.M.

Vincentiana

No abstract provided.


Curie Generale (Rome, Le 4 Janvier 2005), Gregory Gay C.M. Jan 2005

Curie Generale (Rome, Le 4 Janvier 2005), Gregory Gay C.M.

Vincentiana

No abstract provided.