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2005

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How We Got Where We Are: A Look At Informed Consent In Colorado--Past, Present, And Future, R. Jason Richards Nov 2005

How We Got Where We Are: A Look At Informed Consent In Colorado--Past, Present, And Future, R. Jason Richards

Northern Illinois University Law Review

This article examines the historical development of the doctrine of informed consent in this country, paying specific attention to its evolution in Colorado. In doing so, the author examines the two theories of patient disclosure that have emerged over time-the "professional standard" and the "reasonable patient standard." The article analyzes the legal and practical justifications of each approach in light of the contemporary doctor/patient relationship and concludes that the best way to protect patient autonomy rests with in- formed decision-making, which can only be accomplished by adopting the reasonable patient standard of disclosure in Colorado.


The Federal Common Law Of Foreign Relations, Joel M.L. Huotari Nov 2005

The Federal Common Law Of Foreign Relations, Joel M.L. Huotari

Northern Illinois University Law Review

This comment asserts that mere foreign policy implications should not be enough to establish federal jurisdiction over the litigation of an otherwise exclusively state law claim, as some circuits have allowed. The Second, Fifth and Eleventh Circuits have allowed such state law claims to be removed to the federal courts. The Ninth Circuit, however, rejects the proposal that the federal courts are somehow better equipped to hear cases which implicate foreign policy concerns. Questions of foreign policy are generally not the subject matter of the judicial branch, but of the legislative and executive branches. Members of Congress and of the …


Main Hall To Main Street, November 2005, University Of Montana--Missoula. Office Of University Relations Nov 2005

Main Hall To Main Street, November 2005, University Of Montana--Missoula. Office Of University Relations

Main Hall to Main Street, 2005-2010

This is volume 11, number 11 of Main Hall to Main Street.


Preaching God's Compassion: Comforting Those Who Suffer , David Schnasa Jacobsen Nov 2005

Preaching God's Compassion: Comforting Those Who Suffer , David Schnasa Jacobsen

Consensus

Title: Preaching God's compassion: comforting those who suffer. Author: Aden, LeRoy Preaching God's compassion 176 p. Publisher: Minneapolis : Fortress Pr, 2002.


Spiritual Care And Therapy: Integrative Perspectives , W Lorne Mitchell Nov 2005

Spiritual Care And Therapy: Integrative Perspectives , W Lorne Mitchell

Consensus

Title: Spiritual care and therapy: integrative perspectives. Author: VanKatwyk, Peter L. (Peter Lorens), 1938- Spiritual care and therapy 197 p. Publisher: Waterloo : Wilfrid Laurier University Press, 2003.


The Rhetorical Context Of A Ged Preparatory Program, Kay A. Mooy Nov 2005

The Rhetorical Context Of A Ged Preparatory Program, Kay A. Mooy

Rhetoric and Composition PhD papers

Since rhetoricians believe that everything is rhetorical and I am a rhetorician, I wanted to look at the rhetoric involved in a program of GED training. The professional context or culture that I examined in this research project is a GED Preparatory Program at a large school district Community Learning Center in a Mexican-U.S. border town. What I found was that four categories or themes emerged from the interviews, observations, and documents that I examined. Three of the four themes are directly from classical and modern rhetoric, and the fourth, I contend is a result of the other three operating …


Executive Committee - Meeting Minutes, 11/1/2005, Academic Senate Nov 2005

Executive Committee - Meeting Minutes, 11/1/2005, Academic Senate

Academic Senate Minutes

No abstract provided.


An Introductory Essay: Are We In “The Age Of Resistance” In A Post-9/11 World?, J. P. Linstroth Nov 2005

An Introductory Essay: Are We In “The Age Of Resistance” In A Post-9/11 World?, J. P. Linstroth

Peace and Conflict Studies

This introductory article to the Special Issue of Peace and Conflict Studies asks, “are we in the ‘Age of Resistance’ in a post-9/11 world?” It is argued the concept of “resistance” may be framed in a broad theoretical context to include multiple and contested meanings by social and political actors as well as by scholars and through intellectual debate. The article questions recent ideas prevalent in fauxpolitical science studies which promote a clash of civilizations, essentialize histories, support anachronistic Orientalist-approaches, and bolster foreign policy initiatives by removing the human element. The contention is for researchers and theorists to concentrate on …


Information Asymmetries And The Rights To Exclude, Lior Strahilevitz Nov 2005

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Availability Heuristic, Intuitive Cost-Benefit Analysis, And Climate Change, Cass R. Sunstein Nov 2005

The Availability Heuristic, Intuitive Cost-Benefit Analysis, And Climate Change, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Because risks are on all sides of social situations, it is not possible to be "precautionary" in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. Taken together with intuitive cost-benefit balancing, the availability heuristic helps to explain differences across groups, cultures, and even nations in the assessment of precautions to reduce the risks associated with climate change. There are complex links among availability, social processes for the spreading of information, and predispositions. If the United States is to take a stronger stand against climate change, it is likely to be a …


Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan Nov 2005

Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Coase-Sandor Institute for Law & Economics Research Paper Series

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …


Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein Nov 2005

Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But as a matter of actual practice, statements about "what the law is" are often made by the executive department, not the judiciary. In the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron v. Natural Resources Defense Council, the most-cited case in modern public law. Chevron reflects a salutary appreciation of the fact that the executive is in the best position to make the judgments of policy and principle on which …


Towards A Precision Measurement Of The Casimir Force In A Cylinder-Plane Geometry, M. Brown-Hayes, D. A.R. Dalvit, F. D. Mazzitelli, W. J. Kim, R. Onofrio Nov 2005

Towards A Precision Measurement Of The Casimir Force In A Cylinder-Plane Geometry, M. Brown-Hayes, D. A.R. Dalvit, F. D. Mazzitelli, W. J. Kim, R. Onofrio

Dartmouth Scholarship

We report on a proposal aimed at measuring the Casimir force in the cylinder-plane configuration. The Casimir force is evaluated including corrections due to finite parallelism, conductivity, and temperature. The range of validity of the proximity force approximation is also discussed. An apparatus to test the feasibility of a precision measurement in this configuration has been developed, and we describe both a procedure to control the parallelism and the results of the electrostatic calibration. Finally we discuss the possibility of measuring the thermal contribution to the Casimir force and deviations from the proximity force approximation, both of which are expected …


Mosaic, Vicki L. Kennedy Nov 2005

Mosaic, Vicki L. Kennedy

USF Tampa Graduate Theses and Dissertations

Mosaic is the story of Alicia O'Day, a woman who looks back at her life from the vantage point of middle age and attempts to arrange the shards of her past into something meaningful. As she relates her story, illustrating her errors, we realize she has changed and grown enough to see herself with added wisdom and humor. The chaos of her younger days is seen as a learning process. The broken vessel has been mended, and the scars from the seams add interest to the original piece.

As Alicia reviews her life, she glues the broken fragments back into …


Seeking Story: Finding The Modern Day Folktale In The Daily News, Brandice Palmer Nov 2005

Seeking Story: Finding The Modern Day Folktale In The Daily News, Brandice Palmer

USF Tampa Graduate Theses and Dissertations

This study explores the local news story for evidence of the folktale tradition. It examines a range of local news stories for their folktale functions. The study compares the cultural and psychological function of the news story to that of the folktale and compares the functional definition of folklore to that of journalism. The study also explores the idea of a classifiable sphere of formal character, motif and plot functions that may be explored within the news story and folktale texts. This study builds on the premise that the study of folklore should be at the center of a consideration …


Regional Cooperation In Mine Action: The Case Of South-Eastern Europe, Gichd Nov 2005

Regional Cooperation In Mine Action: The Case Of South-Eastern Europe, Gichd

Global CWD Repository

Mine action has tended to develop on a national basis. However, the experience of South-Eastern Europe has shown that a broader, regional approach can bring greater effectiveness and efficiency to mine action projects and programmes.

The main achievements of this regional approach have been to lower costs for demining (especially through international competitive bidding) while seeking to promote a high quality of work, in particular through the quality management processes of the International Trust Fund for Demining and Mine Victims Assistance (ITF). The ITF also believes that its work has improved donor strategies for the region as well as priority …


Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski Nov 2005

Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski

Michigan Law Review

This Article will first examine why it is that plaintiffs have been unable to prove causation under the Daubert guidelines in toxic tort litigation. Second, it will look at the two existing models for informed choice litigation medical malpractice and products liability-and demonstrate why neither of these models gives toxic tort plaintiffs a fair opportunity to recover for the deprivation of patient autonomy against drug manufacturers who have breached their duty to warn of known or knowable risks. Finally, this Article will explore the elements of a causation-free informed choice cause of action. It will suggest the appropriate standard for …


Quality Of Health Care: An Absolute Necessity For Patient Satisfaction, Babar T. Shaikh Nov 2005

Quality Of Health Care: An Absolute Necessity For Patient Satisfaction, Babar T. Shaikh

Community Health Sciences

No abstract provided.


Stabilizers: Safe Lightweight Check- Pointing For Concurrent Programs, Lukasz Ziarek, Philip Schatz, Suresh Jagannathan Nov 2005

Stabilizers: Safe Lightweight Check- Pointing For Concurrent Programs, Lukasz Ziarek, Philip Schatz, Suresh Jagannathan

Department of Computer Science Technical Reports

No abstract provided.


Automated Adaptive Intrusion Containment In Systems Of Interacting Services, Yu-Sung Wu, Bingrui Foo, Yu-Chun Mao, Saurabh Bagchi, Eugene H. Spafford Nov 2005

Automated Adaptive Intrusion Containment In Systems Of Interacting Services, Yu-Sung Wu, Bingrui Foo, Yu-Chun Mao, Saurabh Bagchi, Eugene H. Spafford

Department of Electrical and Computer Engineering Technical Reports

Large scale distributed systems typically have interactions among different services that create an avenue for propagation of a failure from one service to another. The failures being considered may be the result of natural failures or malicious activity, collectively called disruptions. To make these systems tolerant to failures it is necessary to contain the spread of the occurrence automatically once it is detected. The objective is to allow certain parts of the system to continue to provide partial functionality in the system in the face of failures. Real world situations impose several constraints on the design of such a disruption …


Automated Monitor Based Diagnosis In Distributed Systems, Gunjan Khanna, Mike Yu Cheng, Padma Varadharajan, Saurabh Bagchi, Miguel P. Correia, Paulo J. Veríssimo Nov 2005

Automated Monitor Based Diagnosis In Distributed Systems, Gunjan Khanna, Mike Yu Cheng, Padma Varadharajan, Saurabh Bagchi, Miguel P. Correia, Paulo J. Veríssimo

Department of Electrical and Computer Engineering Technical Reports

In today's world where distributed systems form many of our critical infrastructures, dependability outages are becoming increasingly common. In many situations, it is necessary to not just detect a failure, but also to diagnose the failure, i.e., to identify the source of the failure. Diagnosis is challenging since high throughput applications with frequent interactions between the different components allow fast error propagation. It is desirable to consider applications as black-boxes for the diagnosis process. In this paper, we propose a Monitor architecture for diagnosing failures in large-scale network protocols. The Monitor only observes the message exchanges between the protocol entities …


Why The United States Should Robustly Support Pan-African Organizations, Francis V. Crupi Nov 2005

Why The United States Should Robustly Support Pan-African Organizations, Francis V. Crupi

The US Army War College Quarterly: Parameters

No abstract provided.


Breaking The Proconsulate: Anew Design For National Power, Mitchell J. Thompson Nov 2005

Breaking The Proconsulate: Anew Design For National Power, Mitchell J. Thompson

The US Army War College Quarterly: Parameters

No abstract provided.


Stabilization And Reconstruction In Afghanistan: Are Prts A Model Or A Muddle?, Michael L. Mcnerney Nov 2005

Stabilization And Reconstruction In Afghanistan: Are Prts A Model Or A Muddle?, Michael L. Mcnerney

The US Army War College Quarterly: Parameters

No abstract provided.


From Telematics To Web-Based: The Progression Of Distance Education In Newfoundland And Labrador, Michael K. Barbour Nov 2005

From Telematics To Web-Based: The Progression Of Distance Education In Newfoundland And Labrador, Michael K. Barbour

Education Faculty Publications


Introduction: The province of Newfoundland and Labrador is located on the east coast of Canada. The province, which has both an island and mainland portions with a total area of 505 066 square kilometres, has a population of approximately 550 000 people. With about 60% of the population living within a 150-kilometre radius of the capital region, the remainder of the province is sparsely populated. The majority of the roughly 300 schools are located in these rural communities. Approximately one-third of which have been determined as necessarily existent (ie, when a school is located so far from another school that …


Labor And Employment Law, W. David Paxton, Gregory R. Hunt Nov 2005

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …


Selective Object Stabilization For Home Video Consumers, Zailiang Pan, Chong-Wah Ngo Nov 2005

Selective Object Stabilization For Home Video Consumers, Zailiang Pan, Chong-Wah Ngo

Research Collection School Of Computing and Information Systems

This paper describes a unified approach for video stabilization. The essential goal is to stabilize image sequences that consist of moving foreground objects, which appear frequently in today's home videos captured by hand-held consumer cameras. Our proposed techniques mainly, rely on the analysis of;motion content. Three major components area initialization, segmentation and stabilization. In motion initialization, we propose a novel algorithm to efficiently search for the best possible frame in a sequence to start segmentation. Our segmentation algorithm is based on Expectation-Maximization (EM) framework which provides the mechanism for simultaneous estimation of motion models and their layers of support. Based …


Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay Nov 2005

Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay

Research Collection Yong Pung How School Of Law

This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …


Development, Deployment, And Evaluation Of A Remote Monitoring System And A Virtual Weigh Station, Joseph D. Crabtree, David Q. Hunsucker, Jennifer R. Walton Nov 2005

Development, Deployment, And Evaluation Of A Remote Monitoring System And A Virtual Weigh Station, Joseph D. Crabtree, David Q. Hunsucker, Jennifer R. Walton

Kentucky Transportation Center Research Report

In order to extend commercial vehicle enforcement coverage to routes that are not monitored by fixed weigh stations, Kentucky has developed and implemented a Remote Monitoring System (RMS) and a Virtual Weigh Station (VWS). The RMS captures images of passing trucks (from the side) and transmits those images to a nearby weigh station. Station personnel can view the images, read the USDOT number, and check the number against Kentucky’s Clearinghouse of motor carrier data. When a problem is detected with the carrier’s registration, taxes, or safety record, an officer can be dispatched to intercept the truck, perform the necessary checks, …


Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand Nov 2005

Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand

Cardozo Law Review

No abstract provided.