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Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law pronounced by the United States Supreme Court and Georgia appellate courts between June 1, 2004 and May 31, 2005. The cases surveyed fall primarily within six categories: (1) condemnation; (2) nuisance and environmental; (3) zoning and related ordinances; (4) easements; (5) annexation; and (6) restrictive covenants.

Table Of Cases

Mercer Law Review

No abstract provided.

Drs Quarterly Council Report: Issue 13, Alec Robertson

Quarterly Council Reports

This issue features the Lifetime Achievement Award of Professor Nigel Cross. (This is a shortened version of the address given by Professor David Durling, Chair of Design Research Society, in making the 2005 Lifetime Achievement Award). ICM's contributions from Terry Love -Australia (West), Daniela Buchler of Brazil and Eduardo Corte-Real of Portugal.) are included with Council member reports.

Contents

DRS Lifetime Achievement Award, Professor David Durling: Award Address

International Reports

• Australia (West), Terence Love
• Brazil, Daniela Büchler
• Portugal, Eduardo Corte Real

Other Reports

• Sue Walker
• Bob Jerrard (DRS Membership Secretary)

Miscellaneous

A Qualitative Modeling Method For Platform Design, Michael Van Wie, Robert B. Stone, Asli Sahin, Janis Terpenny, Fabrice Alizon, Steve Shooter, Timothy Simpson

Mechanical and Aerospace Engineering Faculty Research & Creative Works

The development of a collection of related products sharing a common platform represents an important approach in modern product design. an ongoing problem is the application of design methods toward a limited set of evolving product data and archived design knowledge to search and explore alternative platform options. with the goal of maximizing the reuse of end item artifacts and supply chain elements, we propose a design modeling method using basic qualitative relationships among relevant performance, design, and noise parameters in the system of interest. by using qualitative models related to multiple levels of design data, the method provides a …

Database Support For Research In Public Administration, J. Cory Tucker

Library Faculty Research

This study examines the extent to which databases support student and faculty research in the area of public administration. A list of journals in public administration, public policy, political science, public budgeting and finance, and other related areas was compared to the journal content list of six business databases. These databases included ABI/INFORM, Business Source Premier, General Business File, Academic Search Premier, Expanded Academic Index, and International Academic Research Library. The results show that Expanded Academic Index, Business Source Premier, and International Academic Research Library have the most comprehensive holdings of public administration journals.

Derungs V. Wal-Mart Stores: Another Door Shut - A Federal Interpretation Excluding Breastfeeding From The Scope Of A State's Sex Discrimination Protection, Katherine A. Macfarlane

Loyola of Los Angeles Law Review

No abstract provided.

The Effect Of Nitrogen Fertilizer Application To Maize And Sorghum On The Bionomics Of Chilo Partellus (Lepidoptera: Crambidae) And The Performance Of Its Larval Parasitoid Cotesia Flavipes (Hymenoptera: Braconidae), N. Jiang, F. Schulthess

All Peer-Reviewed Publications

Laboratory and field trials were conducted to evaluate the effect of plant species (maize, sorghum), plant age (young, middle, old) and four different nitrogen fertilization levels (N0-N3) on the bionomics of the invasive crambid Chilo partellus and the performance of its braconid larval parasitoid Cotesia flavipes. Plant N varied significantly between N0 and N1-N3, but the differences among the latter were not significant. Intrinsic rates of increase and net-reproductive rates of C. partellus followed the same trends: they were lowest with N0 and similar among the other treatments. On maize only, mortality of C. partellus and parasitism by C. flavipes …

Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer

Faculty Scholarship

This Article is the result of the authors' application of an explicit model of the evolving international legal situation and an empirical test using multilateral treaties. The authors examine all the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the "humanization" of international law.

Analysis Of Qa/Qc Protocols And Value Of Data To The Development Of Reference Criteria In The Georgia Ecoregions Project, Tracy Jo Ferring

Theses and Dissertations

The concept of Measurements Quality Objectives (MQOs), in bioassessment programs is a useful tool in evaluating the consistency of data and limiting variability and potential sources of measurement error. Typical evaluations of data repeatability and/or data quality center on the use of a series of calculations that quantify variability between measures. These calculations provided some indication of not only the quality of the data collected, but also acted as a measure of how representative the biological data were to each ecoregion. The evaluation of the Quality Control data for this project provides a framework for data users and water resource …

Paleoenvironmental Reconstruction Of The Late Cretaceous Eastern Gulf Coastal Plain In Georgia And Alabama, Tracy L. Hall

Theses and Dissertations

The present study reconstructs the regional paleoenvironment (particularly paleoclimate) of the Late Cretaceous Eastern Gulf Coastal Plain of Georgia and Alabama using paleobotanical, paleoecological and geochemical methods in order to evaluate the Late Cretaceous climate of the Southeastern United States, and to add to the body of paleoclimate data for that time. Paleobotanical analysis indicates a terrestrial mean annual temperature (MAT) of about 27°C during the Late Cretaceous, which is considerably warmer than modern terrestrial MAT. Stable oxygen isotope data from molluscan carbonate indicate mean sea surface temperature (SST) of 26.8 °C for the Santonian, 23.5°C for the early Campanian, …

Improving The Quality Of Conceptual Modeling Using Cognitive Mapping Techniques, Keng Siau, X. Tan

Research Collection School Of Computing and Information Systems

Conceptual modeling involves the understanding and communication between system analysts and end-users. Many factors may affect the quality of conceptual modeling processes as well as the models per se. Human cognition plays a pivotal role in understanding these factors and cognitive mapping techniques are effective tools to elicit and represent human cognition. In this paper, we look at the use of cognitive mapping techniques to improve the quality of conceptual modeling. We review frameworks on quality in conceptual modeling and examine the role of human cognition in conceptual modeling. The paper also discusses how human cognition is related to quality …

Smoke And Mirrors: Internalizing The Magic Lantern Show In Villette, Diane Hoeveler

English Faculty Research and Publications

With considerable historical background in mind, I would like to examine a number of the stock gothic tropes, including the mysterious nun, the paintings of women, the theater scene, and the fête in Villette as examples of not simply one of last gasps of high Victorian gothicism, but also of the internalization and critique of gothic theatrical technology. As Castle observes, the "phantasmagoria should [have] become a kind of master trope in nineteenth-century romantic writing," and certainly she applies the representation in provocative ways to the symbols and imagery in Thomas Carlyle's French Revolution. In a similar fashion, I …

Extreme Sensitivity Of Differential Momentum Transfer Cross Sections To Target Atom Initial Conditions, Ronald E. Olson, J. Fiol

Physics Faculty Research & Creative Works

Heavy-particle cross sections differential in the momentum transferred to the target are investigated using the classical trajectory Monte Carlo method. with the 3.6  MeV/u Au53++He system as a test case, it is shown that these cross sections are extremely sensitive to the initial target temperature. In particular, when thermal motion is varied for one of the target's initial momentum components between 0 and 25 K the absolute cross sections vary by orders of magnitude and, in addition, their relative shapes undergo major changes. We find that by setting one of the target's transverse momenta to a temperature of 16 K, …

Nonrelativistic Qed Approach To The Lamb Shift, Ulrich D. Jentschura, Andrzej Czarnecki, Krzysztof Pachucki

Physics Faculty Research & Creative Works

We calculate the one- and two-loop corrections of order α(Zα)⁶ and α²(Zα)⁶, respectively, to the Lamb shift in hydrogenlike systems using the formalism of nonrelativistic quantum electrodynamics. We obtain general results valid for all hydrogenic states with nonvanishing orbital angular momentum and for the normalized difference of S states. These results involve the expectation value of local effective operators and relativistic corrections to Bethe logarithms. The one-loop correction is in agreement with previous calculations for the particular cases of S, P, and D states. The two-loop correction in the order α²(Zα)⁶ includes …

Exafs Studies Of Bimetallic Ag-Pt And Ag-Pd Nanorods, Debdutta Lahiri, Soma Chattopadhyay, B. A. Bunker, Cm Doudna, Massimo F. Bertino, Frank D. Blum, Akira Tokuhiro, J. Terry

Physics Faculty Research & Creative Works

Nanoparticles of Ag-Pt and Ag-Pd with high aspect ratios were synthesized using a radiolysis method. Gamma rays at dose rates below 0.5 kGy/h were used for irradiation. the nanoparticles were characterized by transmission electron microscopy (TEM), optical absorption spectroscopy and x-ray Absorption Fine Structure (XAFS) spectroscopy. Bright field micrographs show that Ag-Pt nanowires are composed of large particles with diameters ranging from 20-30 nm and joined by filaments of diameter between 2-5 nm. the Ag-Pd nanowires have diameters of 20-25 nm and lengths of 1.5 μm. for XAFS measurements, the Pt L3 edge (11.564 keV), Ag K-edge (25.514 keV) and …

An Analysis Of Seawinds-Based Rain Retrieval In Severe Weather Events, David G. Long, Jeffrey R. Allen

Faculty Publications

The Ku-band SeaWinds scatterometer estimates near-surface ocean wind vectors by relating measured backscatter to a geophysical model function for the near-surface vector wind. The conventional wind retrieval algorithm does not explicitly account for SeaWinds' sensitivity to rain, resulting in rain-caused wind retrieval error. A new retrieval method, termed "simultaneous wind/rain retrieval," that estimates both wind and rain from rain-contaminated measurements has been previously proposed and validated with Tropical Rain Measuring Mission data. Here, the accuracy of rains retrieved by the new method is validated through comparison with the Next Generation Weather Radar (NEXRAD) in coastal storm events. The rains detected …

The Opinion Volume 44 Issue 4 – December 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December, 1, 2005

The Missouri Miner, December 1, 2005

The Missouri Miner Newspaper

No abstract provided.

Citizenship Education In Pakistani Schools: Problems And Possibilities, Bernadette L. Dean

Institute for Educational Development, Karachi

A critical aspect of education that is often overlooked or inadequately addressed is the preparation of school students for citizenship. This paper assesses the current state of citizenship education in Pakistani schools. It draws on the findings of two research studies: an analysis of the social studies curriculum and textbooks and a review of teaching and learning practices in schools. The findings indicate that the curriculum and textbooks do not distinguish between Islamic education and citizenship education and promotes exclusionary and passive citizenship. They also shows that while Pakistani students acquire knowledge and learn some important values in schools, they …

Educational Development Projects At Ied: Towards School Improvement, Khalid Mahmood, Nilofar Vazir

Institute for Educational Development, Karachi

The M.Ed. program at The Aga Khan University-Institute for Educational Development helps to develop Course Participants (CPs) as teacher educators / educational leaders. The institute always welcomes innovations in its various programmes. The Educational Development Project (EDP) was conceived as an alternative to research to develop CPS’ knowledge and skills required for developmental work. The EDP is concerned with capacity building at classroom and school level depending on the needs of the relevant stakeholders. A contextually relevant model was adapted for EDP at the institute. The research reported in this paper discussed the question: To what extent does the course …

Participation, Identity, And Social Support In A Spiritual Community, Ladorna Mcgee

Sociology & Anthropology Theses - Archive

Paganism is a loosely organized community whose religious ideology incorporates the immanence of Deity. As a religious association with an ideology different from traditional Judeo-Christian faiths, members are often labeled as deviant and subjected to various negative sanctions. By relying on survey data collected on April 9-12, 1996 and in depth personal interviews collected on October 10-13, 1996, this study presents a model that best describes and explains acceptance and participation in pagan spiritualism. This study identifies three characteristics associated with positive ratings of childhood religious affiliation (church disaffection, family closeness, and role), three characteristics associated with feelings of belonging …

The Immorality Of Textualism, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.

Neutrosophic Methods In General Relativity, Florentin Smarandache, Dmitri Rabounski, Larissa Borissova

Branch Mathematics and Statistics Faculty and Staff Publications

In this work the authors apply concepts of Neutrosophic Logic to the General Theory of Relativity to obtain a generalisation of Einstein’s fourdimensional pseudo-Riemannian differentiable manifold in terms of Smarandache Geometry (Smarandache manifolds), by which new classes of relativistic particles and non-quantum teleportation are developed. Fundamental features of Neutrosophic Logic are its denial of the Law of Excluded Middle, and open (or estimated) levels of truth, falsity and indeterminancy. Both Neutrosophic Logic and Smarandache Geometry were invented some years ago by one of the authors (F. Smarandache). The application of these purely mathematical theories to General Relativity reveals hitherto unknown …

Multivalued Logic, Neutrosophy And Schrodinger Equation, Florentin Smarandache, Victor Christianto

Branch Mathematics and Statistics Faculty and Staff Publications

This book was intended to discuss some paradoxes in Quantum Mechanics from the viewpoint of Multi-Valued-logic pioneered by Lukasiewicz, and a recent concept Neutrosophic Logic. Essentially, this new concept offers new insights on the idea of ‘identity’, which too often it has been accepted as given. Neutrosophy itself was developed in attempt to generalize Fuzzy-Logic introduced by L. Zadeh. While some aspects of theoretical foundations of logic are discussed, this book is not intended solely for pure mathematicians, but instead for physicists in the hope that some of ideas presented herein will be found useful. The book is motivated by …

Registration Of Hedge Fund Advisers Under The Investment Advisers Act, Daniel K. Liffmann

Loyola of Los Angeles Law Review

No abstract provided.

Front Matter, Medieval Feminist Forum, No.40 2005

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

The Practical Paleographer, Michelle M. Sauer

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Bibliography Ii: The Archives & Medieval Medical History, Monica H. Green

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.