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2005

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Articles 1711 - 1740 of 19759

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Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles Nov 2005

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Cornell Law Faculty Publications

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …

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Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison Nov 2005

Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison

Cornell Law Faculty Publications

Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum struggle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. …

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Willful Judging Of Harry Blackmun, The, Gregory C. Sisk Nov 2005

Willful Judging Of Harry Blackmun, The, Gregory C. Sisk

Missouri Law Review

As an invited guest at a symposium in which a central place is given to examining the personal papers and judicial life of a jurist who is esteemed and even revered by many of those participating and attending, my playing of a negative note may sound discordant. Indeed, it may appear downright rude. Because my hosts assured me that the academic ideal of balanced perspectives and critical analysis animated this symposium, and that they would expect nothing less than such a countervailing viewpoint from me, I feel less churlish than otherwise I might.

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Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort Nov 2005

Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort

Missouri Law Review

At present, 108 Justices have served on the United States Supreme Court. Some have clearly been successes as judges, while a few have clearly not, and a large number are cast into that middle, "satisfactory" or "average," category. The purpose of this paper is to propose, examine, and evaluate specific factors as determinants of judicial success, and then to consider Justice Harry Blackmun's place on a continuum of successes and failures. The paper is divided into three sections. First, it reviews several ideal qualities and examines the results of several surveys of experts, which classify the Justices into categories based …

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Is It Too Late For Title Vi Enforcement? - Seeking Redemption Of The Unequal United States' Long Term Care System Through International Means, Ruqaiijah Yearby Nov 2005

Is It Too Late For Title Vi Enforcement? - Seeking Redemption Of The Unequal United States' Long Term Care System Through International Means, Ruqaiijah Yearby

DePaul Journal of Health Care Law

No abstract provided.

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Sketching The Pharisees, Roger M. Rundell Nov 2005

Sketching The Pharisees, Roger M. Rundell

Doctor of Ministry

This paper explores the Pharisees and their place in Palestinian society, particularly during the first century. Recent scholarly reconstructions are reviewed and compared to the evidence found in the works of Josephus, the New Testament, and rabbinic literature. This paper examines the Pharisees through the eyes of each source and attempts to use each viewpoint to develop a picture of the Pharisaic movement. The evidence proves too ambiguous to clarify the fine details of the movement, and it resists placing them at the top of the Jewish social or religious system. It does, however, suggest that the Pharisees represent a …

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Evaluation Of Cost Effective Sensor Combinations For A Vehicle Precrash Detection System, John Carlin, Charles Birdsong, Peter Schuster, William Thompson, Daniel Kawano Nov 2005

Evaluation Of Cost Effective Sensor Combinations For A Vehicle Precrash Detection System, John Carlin, Charles Birdsong, Peter Schuster, William Thompson, Daniel Kawano

Mechanical Engineering

The future of vehicle safety will benefit greatly from precrash detection -the ability of a motor vehicle to predict the occurrence of an accident before it occurs. There are many different sensor technologies currently available for pre-crash detection. However no single sensor technology has demonstrated enough information gathering capability within the cost constraints of vehicle manufacturers to be used as a stand alone device. A proposed solution consists of combining information from multiple sensors in an intelligent computer algorithm to determine accurate precrash information. In this paper, a list of sensors currently available on motor vehicles and those that show …

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A Refutation Of Racial Differentials In The Juvenile Recidivism Rate Hypothesis, Jospeter M. Mbuba Nov 2005

A Refutation Of Racial Differentials In The Juvenile Recidivism Rate Hypothesis, Jospeter M. Mbuba

African Journal of Criminology and Justice Studies

It has repeatedly been argued that race is an important predictor of juvenile recidivism, invariably with black offenders having significantly higher odds of recidivating than white offenders (DeComo, 1998; Strom, 2000; Benda, 2001; Langan & Levin, 2002; Harms, 2003; Pope and Snyder, 2003; Puzzanchera, 2003; Stahl, 2003). This study refutes that assertion. Using data from the Department of Public Safety and Corrections in the state of Louisiana, a total of 2,810 juvenile offenders released in the 1999/2000 fiscal year were examined and a socio-demographic profile of those who were returned into the correctional system one year post release was established. …

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Ethnicity And Crime: Criminal Behavior Redefined, Noel Otu, Nancy A. Horton Nov 2005

Ethnicity And Crime: Criminal Behavior Redefined, Noel Otu, Nancy A. Horton

African Journal of Criminology and Justice Studies

Studies dealing with the definition of crime have primarily been concerned with developing hypotheses and theories of universal crime commission and definition. These theories of human behavior may appear plausible on paper but do not work well with people. All the theories of human behavior contain some truth. However, variables do not function one at a time nor can one theory explain all human behavior. These reasons justify studying human behavior from a social context perspective. This paper examines why one ethnic group can be heard praising a behavior while another ethnic group is doing the opposite. Factually, ethnic definition …

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Exploring Police Relations With The Immigrant Minority In The Context Of Racism And Discrimination: A View From Turku, Finland, Stephen Egharevba, Lauri Hannikainen Nov 2005

Exploring Police Relations With The Immigrant Minority In The Context Of Racism And Discrimination: A View From Turku, Finland, Stephen Egharevba, Lauri Hannikainen

African Journal of Criminology and Justice Studies

Citizens and immigrant minorities come into contact with the police in various circumstances, either as witnesses, victims of crime, or even as suspects. The present study is an attempt to examine issues concerning racism and discrimination in police/immigrant relations in Finland under this ircumstances, which to our knowledge has not received the academic scholastic investigation it deserves. Furthermore, this is also an attempt to look at police/immigrant everyday interactions to help in understanding this relationship. The research was carried out by means of a questionnaire (the sampled respondents consisting of forty-seven graduating police cadets a day before their graduation from …

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Citibank London Correlation Book October-November 2005, Citibank Nov 2005

Citibank London Correlation Book October-November 2005, Citibank

Documents

No abstract provided.

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Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard Nov 2005

Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard

Louisiana Law Review

No abstract provided.

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Seed Predation On Persea Americana By Dasyprocta Punctata In Monteverde, Costa Rica, November 2005, Gregory Paul Burkard Jr. Nov 2005

Seed Predation On Persea Americana By Dasyprocta Punctata In Monteverde, Costa Rica, November 2005, Gregory Paul Burkard Jr.

Monteverde Institute: Tropical Ecology and Conservation

Dasyprocta punctata (Rodentia: Dasyproctidae), a scatter-hoarding rodent, plays an important role in seedling recruitment and tropical forest composition. (Herrera and Pellmyr 2002) The purpose of this study was to see if D. punctata maximizes its fitness by behaving as a density-dependent forager, and if the scatter-hoarding caching behavior of D. punctata is aiding the fitness of Persea americana (Lauraceae). P. americana seeds were presented to D. punctata in three distinct densities at the Santuario Ecológico in Cerro Plano, Costa Rica to observe individual seed fate. No significant difference was found for the fates of P. americana seeds between the three …

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University Reporter - Volume 10, Number 03 - November 2005 Nov 2005

University Reporter - Volume 10, Number 03 - November 2005

1996-2009, University Reporter

This issue of the University Reporter includes articles about a UMass-sponsored debate on ethnic media issues related to the at-large Boston City Council race, Nursing faculty studies of motherhood, a talk by South African anti-apartheid leader Ahmed Kathrada, the establishment of the Urban Cultural History Center, and other news from UMass Boston.

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The Bug Stops Here: Force Protection And Emerging Infectious Diseases, Donald F. Thompson, Joel L. Swerdlow, Cheryl Loeb Nov 2005

The Bug Stops Here: Force Protection And Emerging Infectious Diseases, Donald F. Thompson, Joel L. Swerdlow, Cheryl Loeb

Defense and Technology Papers

The purpose of this paper is to review important lessons that have been learned in the past, and to revisit the older but proven principles of force protection that are in danger of being forgotten in today’s technology-focused military environment. It provides a series of case studies that analyze health threats to each regional combatant command and presents both tactical and strategic recommendations that will better prepare the entire DoD for future outbreaks.

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On Learning Languages From Positive Data And A Limited Number Of Short Counterexamples, Sanjay Jain, Efim Kinber Nov 2005

On Learning Languages From Positive Data And A Limited Number Of Short Counterexamples, Sanjay Jain, Efim Kinber

School of Computer Science & Engineering Faculty Publications

We consider two variants of a model for learning languages in the limit from positive data and a limited number of short negative counterexamples (counterexamples are considered to be short if they are smaller that the largest element of input seen so far). Negative counterexamples to a conjecture are examples which belong to the conjectured language but do not belong to the input language. Within this framework, we explore how/when learners using n short (arbitrary) negative counterexamples can be simulated (or simulate) using least short counterexamples or just `no' answers from a teacher. We also study how a limited number …

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Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman Nov 2005

Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman

Northern Illinois University Law Review

This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, American courts have grown increasingly hostile to parental interests in conflicts between parent and school. The author explores the possibility that the Court's reaffirmation of parental rights in Troxel v. Granville (2003) could be invoked in certain cases to reverse that trend. It is argued, in particular, that parental objections to school involvement in emotional health determinations ought to merit some form of heightened scrutiny.

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Edict V. Dicta: Rolling Back Rights In The Second Circuit Under The Clearly Established Clause Of The Aedpa Amended Habeas Statute, Aron E. Goldschneider Nov 2005

Edict V. Dicta: Rolling Back Rights In The Second Circuit Under The Clearly Established Clause Of The Aedpa Amended Habeas Statute, Aron E. Goldschneider

Northern Illinois University Law Review

This article, through a close critical analysis of two recent habeas corpus decisions by the Second Circuit Court of Appeals, shows how appellate courts, under § 2254 of the AEDPA amended habeas statute, are methodically erasing venerable and well-considered federal habeas precedents that formerly protected state defendants' rights. In the process of examining these Second Circuit decisions' impact on two discrete areas of criminal trial procedure, the article exposes the way in which habeas review under the AEDPA too often becomes a formalistic yet un-disciplined exercise that turns away from the crucial question that should be at the heart of …

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Theology Of Brotherly Love, Robert L. Marshall Jr. Nov 2005

Theology Of Brotherly Love, Robert L. Marshall Jr.

Doctor of Ministry

Is it possible to have an adverse experience with Christianity and emerge being empowered by a new understanding of the gospel? Howard Thurman seems to answer that question in the affirmative. Thurman analyzes comments from Mahatma Gandhi and a barrister from "India" about Christianity under the light of the gospel. This encounter was important. It was the Genesis of Thurman's theology of brotherly love. This paper is an historical analysis of Howard Thurman's struggle to resolve the conflict between the perception that Christianity is a white man's religion and the gospel of Jesus and the disinherited. The writer will discuss …

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Court Defers To Corps' Final Findings In Terminal Project, Benjamin Spruill Nov 2005

Court Defers To Corps' Final Findings In Terminal Project, Benjamin Spruill

Sea Grant Law Fellow Publications

No abstract provided.

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

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

Faculty Scholarship

No abstract provided.

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Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2005

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.

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The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth Nov 2005

The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth

University of Richmond Law Review

In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …

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Crawford And The Forfeiture By Wrongdoing Exception, Joan Comparet-Cassani Nov 2005

Crawford And The Forfeiture By Wrongdoing Exception, Joan Comparet-Cassani

San Diego Law Review

The doctrine of forfeiture by wrongdoing was carved out as an exception to the standard for the admissibility of testimonial hearsay evidence laid down in Crawford v. Washingtom . Since Crawford , the California Supreme Court granted review in two cases, People v. Giles and People v. Jiles , which applied the doctrine of forfeiture by wrongdoing. The forfeiture doctrine was originally formulated to require the accused commit an intentional act to prevent a witness from testifying, thus proving that the doctrine's nature is based on the equitable principle that no person shall profit from wrongful conduct. By examining the …

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Agimone: Midddleware Support For Seamless Integration Of Sensor And Ip Networks, Gregory Hackmann, Chien-Liang Fok, Gruia-Catalin Roman, Chenyang Lu Nov 2005

Agimone: Midddleware Support For Seamless Integration Of Sensor And Ip Networks, Gregory Hackmann, Chien-Liang Fok, Gruia-Catalin Roman, Chenyang Lu

All Computer Science and Engineering Research

The scope of wireless sensor network (WSN) applications has traditionally been restricted by physical sensor coverage and limited computational power. Meanwhile, IP networks like the Internet offer tremendous connectivity and computing resources. This paper presents Agimone, a middleware layer that integrates sensor and IP networks as a uniform platform for flexible application deployment. This layer allows applications to be deployed on the WSN in the form of mobile agents which can autonomously discover and migrate to other WSNs, using a common IP backbone as a bridge. It facilitates data sharing between WSNs and the IP network through remote tuple space …

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Design And Performance Of A Fault-Tolerant Real-Time Corba Event Service, Huang-Ming Huang, Christopher Gill Nov 2005

Design And Performance Of A Fault-Tolerant Real-Time Corba Event Service, Huang-Ming Huang, Christopher Gill

All Computer Science and Engineering Research

Developing distributed real-time and embedded (DRE)systems in which multiple quality-of-service (QoS) dimen-sions must be managed is an important and challenging R&D problem. This paper makes three contributions to re-search on multi-dimensional QoS for DRE systems. First, itdescribes the design and implementation of a fault-tolerantreal-time CORBA event service for The ACE ORB (TAO).Second, it describes our enhancements and extensions tofeatures in TAO, to integrate real-time and fault toleranceproperties. Third, it presents an empirical evaluation ofour approach. Our results show that with some refinements,real-time and fault-tolerance features can be integrated ef-fectively and efficiently in a CORBA event service.

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Context Aware Service Oriented Computing In Mobile Ad Hoc Networks, Radu Handorean, Gruia-Catalin Roman, Christopher Gill Nov 2005

Context Aware Service Oriented Computing In Mobile Ad Hoc Networks, Radu Handorean, Gruia-Catalin Roman, Christopher Gill

All Computer Science and Engineering Research

These days we witness a major shift towards small, mobile devices, capable of wireless communication. Their communication capabilities enable them to form mobile ad hoc networks and share resources and capabilities. Service Oriented Computing (SOC) is a new emerging paradigm for distributed computing that has evolved from object-oriented and component-oriented computing to enable applications distributed within and across organizational boundaries. Services are autonomous computational elements that can be described, published, discovered, and orchestrated for the purpose of developing applications. The application of the SOC model to mobile devices provides a loosely coupled model for distributed processing in a resource-poor and …

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After Roper V. Simmons: Keeping Kids Out Of Adult Criminal Court, Ellen Marrus, Irene Merkel Rosenberg Nov 2005

After Roper V. Simmons: Keeping Kids Out Of Adult Criminal Court, Ellen Marrus, Irene Merkel Rosenberg

San Diego Law Review

When children kill, as they always have and probably always will, the state must juggle two distinct and oftentimes conflicting concerns: its police power and its parens patriae interest. These concerns are not, however, mutually exclusive. There is a delicate balance that must be maintained. Clearly, the state must incapacitate and punish children who commit serious criminal acts, but, as Simmons says, that does not mean that minors can be executed, nor, as the Authors maintain, be consigned to living death behind bars without any hope of respite. The legal system must somehow be adjusted for children.

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Municipal Separate Storm Sewer System (Ms4) Regulation Under The Federal Clean Water Act: The Role Of Water Quality Standards?, John H. Minan Nov 2005

Municipal Separate Storm Sewer System (Ms4) Regulation Under The Federal Clean Water Act: The Role Of Water Quality Standards?, John H. Minan

San Diego Law Review

The Clean Water Act, the primary federal statute regulating water pollution, requires municipal storm water discharge permits, under the National Pollutant Discharge Elimination System program, to include provisions controlling discharges from municipal separate storm sewer systems. This article questions whether the Clean Water Act's maximum extent practicable standard is the only statutory standard given the current trend toward compliance with state water quality standards independent of the maximum extent practicable standard, and whether the Clean Water Act superseded the state water quality standards. State water quality standards act as a water quality threshold, which are reviewed often by the states …

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Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner Nov 2005

Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner

Louisiana Law Review

No abstract provided.

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