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2005

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Splitting The Baby: An Analysis Of The Supreme Court's Take On Customary International Law Under The Alien Tort Statute In Sosa V. Alvarez-Machain, Brinton M. Wilkins Dec 2005

Splitting The Baby: An Analysis Of The Supreme Court's Take On Customary International Law Under The Alien Tort Statute In Sosa V. Alvarez-Machain, Brinton M. Wilkins

BYU Law Review

No abstract provided.


Why (Almost All) Cosmologists Are Atheists, Sean Carroll Dec 2005

Why (Almost All) Cosmologists Are Atheists, Sean Carroll

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Prior Probabilities In The Argument From Fine Tuning, Richard Swinburne Dec 2005

Prior Probabilities In The Argument From Fine Tuning, Richard Swinburne

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Cosmological Contingency And Theistic Explanation, Philip Quinn Dec 2005

Cosmological Contingency And Theistic Explanation, Philip Quinn

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


The Six Days Of Creation: Some Disregarded Dimensions, Vladimir Shokhin Dec 2005

The Six Days Of Creation: Some Disregarded Dimensions, Vladimir Shokhin

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles Dec 2005

Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles

Michigan Law Review

It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …


Quantifying Social Entities: An Historical-Sociological Critique, Julian Neylan Dec 2005

Quantifying Social Entities: An Historical-Sociological Critique, Julian Neylan

The Journal of Sociology & Social Welfare

In formulating social policy the administrative arm of government relies heavily on number-based significations of knowledge, such as needs indicators and performance measures. Relying on numbers increases administrators' confidence in their decisions and shifts responsibility for error away from the decision-maker and towards the numbers. A close examination of the technology of social quantification reveals instability in many of the definitions and codes that needs analysts and program evaluators adopt when numerically inscribing social entities. To deal with these risks, bureaucracies must establish ways of explicitly assessing the uncertainty, imprecision and social construction that often lies behind the evidence presented …


Workfare In Toronto: More Of The Same?, Ernie Lightman, Andrew Mitchell, Dean Herd Dec 2005

Workfare In Toronto: More Of The Same?, Ernie Lightman, Andrew Mitchell, Dean Herd

The Journal of Sociology & Social Welfare

This paper uses a recent survey of welfare leavers in Toronto to examine Workfare, a uniquely American initiative introduced into Canada, with its different welfare state history and traditions. When classic American workfare was imported by an enthusiastic government in Ontario, its application led to employment outcomes remarkably similar to those in the US (reduced caseloads, insecure and contingent employment, high recidivism). Yet, Canada's earlier commitment to community and collective responsibility have not been entirely subsumed below the overarching American umbrella. Welfare programs in Canada-specifically, workfare-reflect both the difficulties of maintaining great difference, and also the possibilities of following an …


Language Barriers & Perceptions Of Bias: Ethnic Differences In Immigrant Encounters With The Welfare System, Philip Kretsedemas Dec 2005

Language Barriers & Perceptions Of Bias: Ethnic Differences In Immigrant Encounters With The Welfare System, Philip Kretsedemas

The Journal of Sociology & Social Welfare

This article demonstrates why research on immigrant language barriers should account for local variations in the way these barriers are experienced by different immigrant groups. It makes the argument that variations in language barriers experienced by immigrant groups are often reflective of differences in the local migration histories and socio-economic status of these groups. These themes are illustrated by discussing the findings of a comparative survey of welfare service barriers experienced by Haitian and Hispanic welfare clients in Miami-Dade county. Secondary data on South Florida migration patterns is also used to explain disparities in the bilingual fluency of welfare caseworkers, …


Vista: December 1, 2005, University Of San Diego Dec 2005

Vista: December 1, 2005, University Of San Diego

USD Vista (1965-)

No abstract provided.


The Opacity Of Spiral Galaxy Disks. Vi. Extinction, Stellar Light And Color., Benne W. Holwerda, R. A. Gonzalez, P. C. Van Der Kruit, R. J. Allen Dec 2005

The Opacity Of Spiral Galaxy Disks. Vi. Extinction, Stellar Light And Color., Benne W. Holwerda, R. A. Gonzalez, P. C. Van Der Kruit, R. J. Allen

Faculty and Staff Scholarship

In this paper we explore the relation between dust extinction and stellar light distribution in disks of spiral galaxies. Extinction influences our dynamical and photometric perception of disks, since it can distort our measurement of the contribution of the stellar component. To characterize the total extinction by a foreground disk, González et al. (1998, ApJ, 506, 152) proposed the "Synthetic Field Method" (SFM), which uses the calibrated number of distant galaxies seen through the foreground disk as a direct indication of extinction. The method is described in González et al. (1998, ApJ, 506, 152) and Holwerda et al. (2005a, AJ, …


Measuring The Evolution Of The Most Stable Optical Clock G 117-B15a, S. O. Kepler, Ted Von Hippel, Et Al. Dec 2005

Measuring The Evolution Of The Most Stable Optical Clock G 117-B15a, S. O. Kepler, Ted Von Hippel, Et Al.

Publications

We report our measurement of the rate of change of period with time () for the 215 s periodicity in the pulsating white dwarf G 117-B15A, the most stable optical clock known. After 31 years of observations, we have finally obtained a 4 σ measurement observed = (4.27 ± 0.80) × 10-15 s s-1. Taking into account the proper-motion effect of proper = (7.0 ± 2.0) × 10-16s s-1, we obtain a rate of change of period with time of = (3.57 ± 0.82) × 10-15 s s-1. This value is consistent with the cooling rate in our white dwarf …


Does Malaria During Pregnancy Affect The Newborn?, Mohammad Yawar Yakoob, Asma Zakaria, Saima Naheed Waqar, Samiah Zafar, Ali Saeed Wahla, Sarah Kulsoom Zaidi, Arif R. Sarwari, Rahat N. Qureshi, Amna Rehana Siddiqui Dec 2005

Does Malaria During Pregnancy Affect The Newborn?, Mohammad Yawar Yakoob, Asma Zakaria, Saima Naheed Waqar, Samiah Zafar, Ali Saeed Wahla, Sarah Kulsoom Zaidi, Arif R. Sarwari, Rahat N. Qureshi, Amna Rehana Siddiqui

Community Health Sciences

Objective: To investigate the effect of malarial infection during pregnancy on the newborn.Methods: A retrospective cohort study was conducted at The Aga Khan University Hospital (AKUH), Karachi, using in-patient hospital records over an 11-year period from 1988 to 1999. The incidence of preterm delivery, low birth weight (LBW) and intrauterine growth retardation (IUGR) in 29 pregnant women with malaria, was compared with that in 66 selected pregnant women without malaria, who delivered at the AKUH during the same time period.Results: Pregnant women with malaria had a 3.1 times greater risk of preterm labor (p=0.14). They were more likely to be …


Menopause And Methodological Doubt, Sheila Spence Dec 2005

Menopause And Methodological Doubt, Sheila Spence

The Qualitative Report

Menopause and methodological doubt be gins by making a tongue-in- cheek comparison between Descartes' methodological doubt and the self- doubt that can arise around menopause. A hermeneutic approach is taken in which Cartesian dualism and its implications for the way women are viewed in society are examined, both through the experiences of women undergoing menopause and through the commentary of several contributors in Feminist Interpretations of Réné Descartes by Susan Bordo (1999). This examination is located inside the story of the paper, which was written over the duration of a university hermeneutics course, and reflects the author's evolving understanding of …


“Hay Sacks Anonymous”: Living In The Shadow Of The Unidentified. Psychological Aspect S Of Physical Inactivity From A Phenomenological Perspective, Anni Bergman, Torsten Norlander Dec 2005

“Hay Sacks Anonymous”: Living In The Shadow Of The Unidentified. Psychological Aspect S Of Physical Inactivity From A Phenomenological Perspective, Anni Bergman, Torsten Norlander

The Qualitative Report

The present qualitative study emanates from a phenomenological perspective and has the purpose of creating an understanding for what a so-called “hay sack” is as well as understanding the experiences of a hay sack. In this context a hay sack refers to a person with low physical activity. Eight hay sacks between 36-58 years of age were interviewed about their experiences. Karlsson’s (1995) EPP-method was used. The analysis resulted in 13 categories. A hay sack wants to, but is unable to engage in regular physical activity as a consequence of something unidentified, possibly a psychological barrier. Being a hay sack …


The Canonization Of German-Language Digital Literature, Florian Hartling Dec 2005

The Canonization Of German-Language Digital Literature, Florian Hartling

CLCWeb: Comparative Literature and Culture

In his paper, "The Canonization of German-language Digital Literature," Florian Hartling discusses "Net Literature," a relatively young phenomenon, that has its roots in experimental visual and concrete poetry and hypertext. With the use of new media technology, this new genre of literature has acquired much interest and is now considered to be one of the most important influences in contemporary art. Not only does Net Literature connect sound, video, and animation with interactivity and allows new forms of artistic expression, it also impacts significantly on the traditional functions of the literary system. Hartling suggests that, in relation to Net Literature, …


Co 611 Dynamics Of Human Sexuality, Michael R. Sytsma Dec 2005

Co 611 Dynamics Of Human Sexuality, Michael R. Sytsma

Syllabi

Course Textbooks and Articles: NOTE: Some of the reading for this course does not come from a specifically Christian perspective. Some of it may be inconsistent with the statement of beliefs for ATS. This reading is required because it is representative of the thought in the field of sex therapy and sexology. Time will be spent in class discussing the reading and critiquing it from a Biblical Christian perspective that is in line with the stated theology of ATS. Hyde, J. S. (2001). Understanding Human Sexuality, (8th Edition), Boston: McGraw Hill. Laaser, M. (2004). Healing the Wounds of Sexual Addiction. …


The Immorality Of Textualism, Andrei Marmor Dec 2005

The Immorality Of Textualism, Andrei Marmor

Loyola of Los Angeles Law Review

No abstract provided.


Remapping Hand Movements In A Novel Geometrical Environment, Kristine M. Mosier, Robert A. Scheidt, Santiago Acosta, Ferdinando A. Mussa-Ivaldi Dec 2005

Remapping Hand Movements In A Novel Geometrical Environment, Kristine M. Mosier, Robert A. Scheidt, Santiago Acosta, Ferdinando A. Mussa-Ivaldi

Biomedical Engineering Faculty Research and Publications

The issue of how the Euclidean properties of space are represented in the nervous system is a main focus in the study of visual perception, but is equally relevant to motor learning. The goal of our experiments was to investigate how the properties of space guide the remapping of motor coordination. Subjects wore an instrumented data glove that recorded the finger motions. Signals generated by the glove operated a remotely controlled endpoint: a cursor on a computer monitor. The subjects were instructed to execute movements of this endpoint with controlled motions of the fingers. This required inverting a highly redundant …


Mathematical Functions: An Interactive Emodule, Sarah Jean Moody Dec 2005

Mathematical Functions: An Interactive Emodule, Sarah Jean Moody

Undergraduate Honors Capstone Projects

The National Library of Virtual Manipulatives (NLVM, http://nlvm.usu.edu/) is a widely used and highly praised teaching/learning resource for school mathematics. The NLVM is the result of a four-year USU project, funded primarily by the National Science Foundation, Award #9819107, to create a web-based, freely accessible, library of interactive virtual manipulatives to help students learn basic mathematics concepts. During a typical school day, the NLVM server receives more than 3 million hits.


Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel Dec 2005

Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel

Duke Law Journal

No abstract provided.


Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro Dec 2005

Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro

Duke Law Journal

Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …


State Punishment And Private Prisons, Sharon Dolovich Dec 2005

State Punishment And Private Prisons, Sharon Dolovich

Duke Law Journal

To date, the debate over private prisons has focused largely on the relative efficiency of private prisons as compared to their publicly-run counterparts, and has assumed that, if private contractors can run the prisons for less money than the state without a drop in quality, then states should be willing to privatize. This "comparative efficiency" approach, however, has two significant problems. First, it is concerned exclusively with efficiency, despite the fact that the privatization of prisons arguably implicates more urgent values. Second, it accepts the current state of public prisons as an unproblematic baseline, thus failing to consider the possibility …


Soft-Gluon Corrections To Hard-Scattering Cross Sections Through Nnnlo, Nikolaos Kidonakis Dec 2005

Soft-Gluon Corrections To Hard-Scattering Cross Sections Through Nnnlo, Nikolaos Kidonakis

Faculty Articles

I present a systematic approach to calculating soft-gluon corrections through next-to-next-to-nextto-leading order for arbitrary hard-scattering cross sections. Using a unified approach, master formulas are derived for processes with both simple and complex color flows. Applications and numerical results are given for some processes of interest, including charged Higgs production and top quark production in the Standard Model and beyond.


Satellite Distribution In Meteorological Forecasts For Air Navigation, Ruwantissa Abeyratne Dec 2005

Satellite Distribution In Meteorological Forecasts For Air Navigation, Ruwantissa Abeyratne

Journal of Space Law

No abstract provided.


The Ballistic Missile Defense System And Its Effects On The Outer Space Environment, Steven A. Mirmina Dec 2005

The Ballistic Missile Defense System And Its Effects On The Outer Space Environment, Steven A. Mirmina

Journal of Space Law

No abstract provided.


Satellite Earth Observation As "Systematic Observation" In Multilateral Environmental Treaties, Masami Onoda Dec 2005

Satellite Earth Observation As "Systematic Observation" In Multilateral Environmental Treaties, Masami Onoda

Journal of Space Law

No abstract provided.


Preparing Written Briefs For International Law Competitions: A Primer, Stephen E. Doyle Dec 2005

Preparing Written Briefs For International Law Competitions: A Primer, Stephen E. Doyle

Journal of Space Law

No abstract provided.


Update. Report Of The Iisl Space Law Colloquium In Vancouver, Canada, October 2004, Tanja Masson-Zwaan Dec 2005

Update. Report Of The Iisl Space Law Colloquium In Vancouver, Canada, October 2004, Tanja Masson-Zwaan

Journal of Space Law

No abstract provided.


Texas & Transvergence, James Morgan, Michael Weisart, Ethan Miller Dec 2005

Texas & Transvergence, James Morgan, Michael Weisart, Ethan Miller

SWITCH

This article documents the SWITCH team’s attendance at the 2005 South by Southwest Interactive Festival. The team examined how shared language, skills, and ideas overlap within a large conference.