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2005

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Vol. 16, No. 02 (October 2005) Oct 2005

Vol. 16, No. 02 (October 2005)

Res Ipsa Loquitur

No abstract provided.


The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles Oct 2005

The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles

Indiana Law Journal

The charitable contributions deduction, a longstanding yet controversial feature of the Internal Revenue Code, has been justified under subsidy theories and tax-base theories. Focusing on the latter, this Article presents and explains a new tax-base theory in support of the charitable contributions deduction-the community income theory. This theory posits that some income, designated as "community income, " is properly excluded from the personal income tax base because it is more naturally attributed to the community than to the individual members of the community. Adopting the presumption that the community generally should be treated as a tax exempt entity, this Article …


The Kindynamic Theory Of Tort, Christopher P. Guzelian Oct 2005

The Kindynamic Theory Of Tort, Christopher P. Guzelian

Indiana Law Journal

Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions

Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …


When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele Oct 2005

When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele

Indiana Law Journal

No abstract provided.


The Achaemenid Empire In South Asia And Recent Excavations In Akra In Northwest Pakistan, Peter Magee, Cameron Petrie, Robert Knox, Farid Khan, Ken Thomas Oct 2005

The Achaemenid Empire In South Asia And Recent Excavations In Akra In Northwest Pakistan, Peter Magee, Cameron Petrie, Robert Knox, Farid Khan, Ken Thomas

Classical and Near Eastern Archaeology Faculty Research and Scholarship

The impact of the Achaemenid annexation of northwestern Pakistan has remained a focus for archaeological research for more than a century. A lack of well-stratified settlements and a focus on artifacts that are not necessarily appropriate for assessing the effects of imperial control have until now obfuscated our understanding of this issue. In this article, we present the results of three seasons of excavations at Akra located in the North West Frontier Province of Pakistan. Although research was cut short in 2001 by global events, our preliminary results indicate that the relation;;hip between urbanism, trade, and the Achaemenid annexation was …


Comparing The Gut Flora Of Irish Breastfed And Formula-Fed Neonates Aged Between Birth And 6 Weeks Old, Gordon Cooke, John Behan, Nicola Clarke, Winifred Gorman, Mary Costello Oct 2005

Comparing The Gut Flora Of Irish Breastfed And Formula-Fed Neonates Aged Between Birth And 6 Weeks Old, Gordon Cooke, John Behan, Nicola Clarke, Winifred Gorman, Mary Costello

Articles

The exact composition of the complex microsystem that constitutes the gut flora continues to be explored as molecular methodology supplements traditional microbiological studies. The current study reports a random analysis of the faecal flora composition for 31 neonates in the 0–1 day age group, 41 neonates aged 2–5 days and 33 6-week-old neonates. All infants, born at the National Maternity Hospital, Ireland, were considered healthy, full-term normal deliveries and were either exclusively breastfed or formula-fed from birth. Microbiological and biochemical analyses of the faecal samples were used to specifically enumerate Lactobacillus spp., Bifidobacterium spp., Enterococcus spp., Staphylococcus spp., Bacteroides spp., …


Review Of Slavery And Salvation In Colonial Cartagena De Indias, By Margaret M. Olsen, Ignacio Gallup-Diaz Oct 2005

Review Of Slavery And Salvation In Colonial Cartagena De Indias, By Margaret M. Olsen, Ignacio Gallup-Diaz

History Faculty Research and Scholarship

No abstract provided.


Review Of Lost In Translation, Written And Directed By Sofia Coppola, Homay King Oct 2005

Review Of Lost In Translation, Written And Directed By Sofia Coppola, Homay King

History of Art Faculty Research and Scholarship

No abstract provided.


Performance Evaluation Of Video Streaming With Background Traffic Over Ieee 802.11 Wlan Networks, Nicola Cranley, Mark Davis Oct 2005

Performance Evaluation Of Video Streaming With Background Traffic Over Ieee 802.11 Wlan Networks, Nicola Cranley, Mark Davis

Conference papers

There is an increasing demand for multimedia streaming applications over WLAN networks. MPEG-4 and H.264 are compression standards targeted at high-quality streamed multimedia services over wireless best-effort IP networks. However, the dynamic nature of wireless networks in terms of fluctuating bandwidth and time-varying delays makes it difficult to provide good quality streaming under such constraints. Multimedia streaming applications are a demanding and challenging service to deliver over wireless networks. There is a trade-off between the capacity of the wireless network and the quality of the multimedia streaming application. In this paper we investigate the effect the background traffic load has …


A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison Oct 2005

A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison

UF Law Faculty Publications

The basic goal of copyright law is, at a general level, fairly well understood, yet the law itself seems untethered to any consistent analytical approach designed to achieve that goal. This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as White-Smith Music and Eldred suggest.

In order to understand the economic approach and the inconsistency of copyright law, as well as the …


Volume 17, Number 01, G. William Hill Editor, Linda M. Noble Editor Oct 2005

Volume 17, Number 01, G. William Hill Editor, Linda M. Noble Editor

Reaching Through Teaching

Full text of Volume 17, Number 01 of Reaching Through Teaching.


Go East, Young Lawyers: The Stanford Law School Supreme Court Litigation Clinic, Pamela S. Karlan, Thomas C. Goldstein Oct 2005

Go East, Young Lawyers: The Stanford Law School Supreme Court Litigation Clinic, Pamela S. Karlan, Thomas C. Goldstein

The Journal of Appellate Practice and Process

No abstract provided.


American State Appellate Court Technology Diffusion, Roger A. Hanson Oct 2005

American State Appellate Court Technology Diffusion, Roger A. Hanson

The Journal of Appellate Practice and Process

No abstract provided.


Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew Oct 2005

Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew

The Journal of Appellate Practice and Process

No abstract provided.


Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky Oct 2005

Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Oct 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud Oct 2005

Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud

University of Arkansas at Little Rock Law Review

No abstract provided.


Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan Oct 2005

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


A Methodology To Perform Online Self-Testing For Field-Programmable Analog Array Circuits, Amit Laknaur, Haibo Wang Oct 2005

A Methodology To Perform Online Self-Testing For Field-Programmable Analog Array Circuits, Amit Laknaur, Haibo Wang

Articles

This paper presents a methodology to perform online self-testing for analog circuits implemented on field-programmable analog arrays (FPAAs). It proposes to partition the FPAA circuit under test into subcircuits. Each subcircuit is tested by replicating the subcircuit with programmable resources on the FPAA chip, and comparing the outputs of the subcircuit and its replication. To effectively implement the proposed methodology, this paper proposes a simple circuit partition method and develops techniques to address circuit stability problems that are often encountered in the proposed testing method. Furthermore, error sources in the proposed testing circuit are studied and methods to improve the …


Corn-Based Pet Food Production In South Dakota: Preliminary Feasibility Study, T. Hansen, E. Van Der Sluis Oct 2005

Corn-Based Pet Food Production In South Dakota: Preliminary Feasibility Study, T. Hansen, E. Van Der Sluis

Research Bulletins of the South Dakota Agricultural Experiment Station (1887-2011)

This report is an external analysis of the pet food market and precedes a full-scale feasibility study for a processing facility in South Dakota that would use corn products as a pet food ingredient.
The three objectives addressed in this report are:
1. define the product market for dog and cat foods,
2. identify under-served geographic locations and demographic groups regarding pet food markets in the U.S., and
3. assess the growth potential of these markets.


Are The Regulatory Frameworks In Asian Emerging Markets Equipped To Handle The Influx Of Foreign Insurers, Shanil R. Vitarana Oct 2005

Are The Regulatory Frameworks In Asian Emerging Markets Equipped To Handle The Influx Of Foreign Insurers, Shanil R. Vitarana

Connecticut Insurance Law Journal

No abstract provided.


Sfra Review, October/November/December 2005, Science Fiction Research Association Oct 2005

Sfra Review, October/November/December 2005, Science Fiction Research Association

SFRA Newsletter (Science Fiction Research Association)

The October/November/December 2005 issue of the SFRA Review.


Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering Oct 2005

Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering

Indiana Law Journal

No abstract provided.


Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt Oct 2005

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.


Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell Oct 2005

Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell

Indiana Law Journal

No abstract provided.


Divisionews (Fall 2005, Issue 20), American Society Of Criminology Division On Women And Crime Oct 2005

Divisionews (Fall 2005, Issue 20), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.


Fiction Fix 04, Melissa Milburn, Sarah Clarke-Stuart, Kristen Iannuzzi, Vanessa Wells, Nathan Holic, Joshua Kreis Mctiernan, Ron Perline, Tina Helvie, Gavin Lambert, Jamie Hughes, Tim Gilmore, April Fisher Oct 2005

Fiction Fix 04, Melissa Milburn, Sarah Clarke-Stuart, Kristen Iannuzzi, Vanessa Wells, Nathan Holic, Joshua Kreis Mctiernan, Ron Perline, Tina Helvie, Gavin Lambert, Jamie Hughes, Tim Gilmore, April Fisher

Fiction Fix

No abstract provided.


House Prices In The Measurement Of Inflation: An Application Using Irish Data, Róisín O'Sullivan Oct 2005

House Prices In The Measurement Of Inflation: An Application Using Irish Data, Róisín O'Sullivan

Economics: Faculty Publications

This paper illustrates the impact on Irish inflation of including a house-price series with the current components of the harmonised index of consumer prices (HICP). We construct a dynamic factor index of inflation that weights the individual price series according to the strength of their signal about the common trend in prices. As the relatively noisy house-price series attracts a weight of only 3 per cent in the index, the inclusion of house prices in this way does not hugely alter the recent pattern of inflation for Ireland, despite house prices exhibiting much stronger growth on average than the current …


The Risk Of Adverse Impact In Selections Based On A Test With Known Effect Size, Wilfried De Corte, Filip Lievens Oct 2005

The Risk Of Adverse Impact In Selections Based On A Test With Known Effect Size, Wilfried De Corte, Filip Lievens

Research Collection Lee Kong Chian School Of Business

The authors derive the exact sampling distribution function of the adverse impact (AI) ratio for single-stage, top-down selections using tests with known effect sizes. Subsequently, it is shown how this distribution function can be used to determine the risk that a future selection decision on the basis of such tests will result in an outcome that reflects the presence of AI. The article therefore provides test and selection practitioners with a valuable tool to decide between alternative selection predictors.


Should Tort Damages Be Multiplied?, Keith N. Hylton, Thomas J. Miceli Oct 2005

Should Tort Damages Be Multiplied?, Keith N. Hylton, Thomas J. Miceli

Faculty Scholarship

The notion that damages should be multiplied by the reciprocal of the probability of punishment is one of the basic lessons of the law and economics literature. However, the simple l/p" multiplier turns out be inapplicable in the civil damages setting. The multiplier that brings about first-best deterrence must be chosen by striking a balance between the supply of lawsuits and the need to internalize costs. Moreover, given the costs of litigation, a multiplier that minimizes overall social costs (in contrast to achieving first-best deterrence) may need to be set at a level that effectively bars many claims. This article …