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2005

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Democratizing The Administrative State, Richard J. Pierce Jr Jan 2005

Democratizing The Administrative State, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Justices seemed to be poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court stepped back from that abyss and took a major step toward legitimating and democratizing the administrative state. The Court instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute. The Court based this doctrine of deference on the superior political accountability of agencies. Henceforth, politically-unaccountable judges were prohibited from substituting their policy preferences for those of politically-accountable …

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The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner Jan 2005

The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner

GW Law Faculty Publications & Other Works

For the several years, primarily as a political ploy, the President and Republican Congress, proposed an amendment to the US Constitution to prohibit marriage between people of the same sex - the Federal Marriage Amendment. This article analyzed this proposed amendment in light of the constitutional principles that govern our society, individual rights, federalism, separation of powers, and judicial review. The article concludes that the FMA is itself constitutionally suspect and is more destructive, on balance, of the basic democratic constitutional principles than any amendment previously adopted or proposed. The amendment violates every tenet of constitutional democracy by: (1) expressly …

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Designing Federalism In Burma, David C. Williams, Lian H. Sakhong Jan 2005

Designing Federalism In Burma, David C. Williams, Lian H. Sakhong

Books & Book Chapters by Maurer Faculty

This volume is designed to serve as a concise introduction to certain constitutional ideas that may be relevant to Burma. It contains three documents: one essay by Lian Sakhong, and two lectures that I delivered to the SCSC, over several days in November 2003 and August 2004. All three contain common themes. First, sometimes ideas can show us a way through problems that we had thought were impenetrable. Second, Burma’s problems have grown in part from some misunderstandings of certain ideas. In particular, many in Burma have imagined that governance can really occur only at the center: people look to …

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Adapting To Climate Change In East Africa: A Strategic Approach, Victor A. Orindi, Laurel A. Murray Jan 2005

Adapting To Climate Change In East Africa: A Strategic Approach, Victor A. Orindi, Laurel A. Murray

East Africa

This paper provides an overview of the likely impacts of climate change in three least developed countries in East Africa: Sudan, Tanzania, and Uganda. In the coming decades, climate change is likely to alter temperatures and distribution of rainfall, contribute to sea-level rise and increase the frequency and intensity of extreme weather events in East Africa. In fact, many widespread climatic changes have already been observed in the region. Climate change will have both a direct impact on development of climate-dependent activities (such as infrastructure and agriculture) and indirect consequences for social systems (such as issues of poverty, conflict, health …

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The Practice Of Marriage, Katharine B. Silbaugh Jan 2005

The Practice Of Marriage, Katharine B. Silbaugh

Faculty Scholarship

Over the past 40 years, robust law has developed addressing the treatment of non-marital cohabitants. Consequently, the government's gatekeeping role operates somewhat differently than before. States are now more clearly policing the social benefits and the symbolism accompanying marriage, having agreed to provide many of its legal benefits to non-marital couples. This article investigates the state's current role in articulating and managing, as well as responding to, the social meaning of marriage in the context of three recent high profile cases: the prosecution of polygamist Tom Green, the Goodridge same sex marriage case in Massachusetts, and the challenge to Michael …

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Beneficial Reuse And Sustainability: The Fate Of Organic Compounds In The Land-Applied Waste, M. R. Overcash, Ronald C. Sims, J. L. Sims, K. C. Nieman Jan 2005

Beneficial Reuse And Sustainability: The Fate Of Organic Compounds In The Land-Applied Waste, M. R. Overcash, Ronald C. Sims, J. L. Sims, K. C. Nieman

Biological Engineering Faculty Publications

Land application systems, also referred to as beneficial reuse systems, are engineered systems that have defined and permitted application areas based on site and waste characteristics to determine the land area size requirement. These terrestrial systems have orders of magnitude greater microbial capability and residence time to achieve decomposition and assimilation compared with aquatic systems. In this paper we focus on current information and information needs related to terrestrial fate pathways in land treatment systems. Attention is given to conventional organic chemicals as well as new estrogenic and pharmaceutical chemicals of commerce. Specific terrestrial fate pathways addressed include: decomposition, bound …

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Takagi–Sugeno Fuzzy Modeling Of Skin Permeability, Deepak R. Keshwani, David D. Jones, Rhonda M. Brand Jan 2005

Takagi–Sugeno Fuzzy Modeling Of Skin Permeability, Deepak R. Keshwani, David D. Jones, Rhonda M. Brand

Department of Agricultural and Biological Systems Engineering: Faculty Publications

The skin is a major exposure route for many potentially toxic chemicals. It is, therefore, important to be able to predict the permeability of compounds through skin under a variety of conditions. Available skin permeability databases are often limited in scope and not conducive to developing effective models. This sparseness and ambiguity of available data prompted the use of fuzzy set theory to model and predict skin permeability. Using a previously published database containing 140 compounds, a rule-based Takagi–Sugeno fuzzy model is shown to predict skin permeability of compounds using octanol-water partition coefficient, molecular weight, and temperature as inputs. Model …

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An Analysis Of Accelerated Christian Education And College Preparedness Based On Act Scores, Lisa J.L. Kelley Jan 2005

An Analysis Of Accelerated Christian Education And College Preparedness Based On Act Scores, Lisa J.L. Kelley

Theses, Dissertations and Capstones

The current paper discusses Christian education in relation to college preparedness. The author focuses on Christian education and the use of Accelerated Christian Education, a prepackaged curriculum, specifically used in private fundamentalist Christian schools. Relevant research is reviewed regarding college preparedness and Christian education. The researcher obtained the ACT scores received by graduates of an ACE school over the past five years. These scores were analyzed using a t-test of comparative means (p<.05) to determine if there were a significant differences in ACT scores between students at the Accelerated Christian School and the students of a public high school in the same area with a graduate college application rate of 75-83%. Scores were analyzed and a significant difference was found between the public school graduatesí scores and the ACE graduatesí scores in all areas of the ACT (English, Math, Reading, and Composite Score), except the area of Science Reasoning. Overall, the ACT scores of the ACE graduates were consistently lower than those of the public school students.

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Potential Roles Of Follicular Dendritic Cell–Associated Osteopontin In Lymphoid Follicle Pathology And Repair And In B Cell Regulation In Hiv-1 And Siv Infection, Qingsheng Li, Jeffrey D. Lifson, Lijie Duan, Timothy Schacker, Cavan Reilly, John V. Carlis, Jacob D. Estes, Ashley T. Haase Jan 2005

Potential Roles Of Follicular Dendritic Cell–Associated Osteopontin In Lymphoid Follicle Pathology And Repair And In B Cell Regulation In Hiv-1 And Siv Infection, Qingsheng Li, Jeffrey D. Lifson, Lijie Duan, Timothy Schacker, Cavan Reilly, John V. Carlis, Jacob D. Estes, Ashley T. Haase

Qingsheng Li Publications

Osteopontin is a multifunctional protein with known roles in bone remodeling, wound healing, and normal and pathological immune responses. We showed in microarray studies that osteopontin gene expression is increased in human immunodeficiency virus type 1 (HIV-1)–infected lymphatic tissues after treatment, and we undertook mapping experiments to study osteopontin’s possible functions in this context. We discovered species-specific colocalization of osteopontin with the follicular dendritic cell (FDC) network in lymphatic tissues in HIV-1 and simian immunodeficiency virus infections, and we found that changes in FDC-associated osteopontin covary with changes in lymphoid follicles during acute and late stages of infection and in …

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Guideview: Structured Multi-Modal Delivery Of Clinical Guidelines, M Sriram Iyengar, Subhajit Sarkar, Kira Bacal, Gregory Defouw, Phyllis Mcculley, Victor Hurst Jan 2005

Guideview: Structured Multi-Modal Delivery Of Clinical Guidelines, M Sriram Iyengar, Subhajit Sarkar, Kira Bacal, Gregory Defouw, Phyllis Mcculley, Victor Hurst

Faculty, Staff and Student Publications

GuideView is a system designed for structured, multi-modal delivery of clinical guidelines. Clinical instructions are presented simultaneously in voice, text, pictures or video or animations. Users navigate using mouse-clicks and voice commands. An evaluation study performed at a medical simulation laboratory found that voice and video instructions were rated highly.

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Play Therapy, Melissa A. Hardman Jan 2005

Play Therapy, Melissa A. Hardman

Graduate Research Papers

Play therapy techniques are valuable tools for a variety of professionals who work with children. One need not be a registered play therapist to implement play techniques when working with child clients. There are many types of clients that would benefit from play therapy. There are several different theoretical approaches, but the researcher chose to focus on Adlerian Play Therapy, Client-Centered Play Therapy, Cognitive-Behavioral Play Therapy, and Psychodynamic Play Therapy. The paper considers the best location to implement play techniques, by urging the counselor to be aware of the setting's location within the building, ease of cleaning, available space, and …

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The Implications Of Anger And School Violence, Ronda Hilbert Jan 2005

The Implications Of Anger And School Violence, Ronda Hilbert

Graduate Research Papers

A series of highly publicized school shootings in the Untied States generated the misperception of an epidemic of school violence. Fears of school violence stimulated an ill-advised expansion of zero tolerance school discipline policies and the widespread distribution of profiles or warning signs of potentially dangerous students for use by school administrators. This paper presents that little is known about student threats of violence, although students in special education tend to commit disciplinary violations at a higher rate than regular education students according to some studies. Threats of violence pose a dilemma for educators, who must balance federal requirements, the …

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Sampling For Pm10 And Pm2.5 Particulates, R. L. Pfeiffer Jan 2005

Sampling For Pm10 And Pm2.5 Particulates, R. L. Pfeiffer

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Particulate matter is the term given to the tiny particles of solid or semi-solid material found in the atmosphere. Particulates in the atmosphere range in size across many orders of magnitude. The expression “particulate size” is based on particle behavior in the earth’s gravitational field. The aerodynamic equivalent diameter refers to a spherical particle of unit density (1 g cm–3) that falls at standard velocity. Size, because it determines atmospheric lifetime and lung deposition, is a very important characteristic of particulates. Particulates ranging in size from <0.1 to 50 μ are called Total Suspended Particulates (TSP). Particulates larger than 50 μ tend to settle out of the air whereas particulate matter 10 μ in diameter and smaller are considered inhalable. This particulate matter is commonly referred to as PM10.

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Gumbo Yearbook, Class Of 2005, Louisiana State University And Agricultural And Mechanical College Jan 2005

Gumbo Yearbook, Class Of 2005, Louisiana State University And Agricultural And Mechanical College

Gumbo Yearbook

The Gumbo yearbook chronicles the entire academic year at LSU. In words and especially photos, the Gumbo shows the people, places, and events that make each year unique. In addition to formal portraits of schools and departments, the book contains hundreds of snapshots of students with their friends and dozens of pages showcasing organizations.

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Chemical And Biochemical Modification Of Surfaces For Control Of Wettability, Adsorption, And Drug Delivery, Susan C. D'Andrea Jan 2005

Chemical And Biochemical Modification Of Surfaces For Control Of Wettability, Adsorption, And Drug Delivery, Susan C. D'Andrea

Seton Hall University Dissertations and Theses (ETDs)

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Prevalence Of Pathogenic Yersinia Enterocolitica Strains In Pigs In The United States, Saumya Bhaduri, Irene V. Wesley, Eric J. Bush Jan 2005

Prevalence Of Pathogenic Yersinia Enterocolitica Strains In Pigs In The United States, Saumya Bhaduri, Irene V. Wesley, Eric J. Bush

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Yersinia enterocolitica is considered an important food-borne pathogen impacting the pork production and processing industry in the United States. Since this bacterium is a commensal of swine, the primary goal of this study was to determine the prevalence of pathogenic Y. enterocolitica in pigs in the United Sates using feces as the sample source. A total of 2,793 fecal samples were tested for its presence in swine. Fecal samples were collected from late finisher pigs from 77 production sites in the 15 eastern and midwestern pork-producing states over a period of 27 weeks (6 September 2000 to 20 March 2001). …

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Biocontrol Agents Applied Individually And In Combination For Suppression Of Soilborne Diseases Of Cucumber, Daniel P. Roberts, Scott M. Lohrke, Susan L. F. Meyer, Jeffry S. Buyer, John H. Bowers, C. Jacyn Baker, Wei Li, Jorge T. De Souza, Jack A. Lewis, Soohee Chung Jan 2005

Biocontrol Agents Applied Individually And In Combination For Suppression Of Soilborne Diseases Of Cucumber, Daniel P. Roberts, Scott M. Lohrke, Susan L. F. Meyer, Jeffry S. Buyer, John H. Bowers, C. Jacyn Baker, Wei Li, Jorge T. De Souza, Jack A. Lewis, Soohee Chung

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The soilborne pathogens Rhizoctonia solani, Pythium ultimum, and Meloidogyne incognita can cause severe economic losses to field- and greenhouse-grown cucumber. A collection of bacterial isolates and isolates GL3 and GL21 of Trichoderma virens were screened for suppression of diseases caused by these pathogens. T. virens isolates GL3 and GL21 provided the most effective suppression of damping-off caused by R. solani in greenhouse bioassays. Burkholderia ambifaria BC-F, B. cepacia BC-1, and Serratia marcescens N1-14 also provided significant suppression of R. solani relative to the pathogen check in some experiments. T. virens isolates GL3 and GL21 and S. marcescens isolates …

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Risk And Ethics In Biological Control, Ernest S. Delfosse Jan 2005

Risk And Ethics In Biological Control, Ernest S. Delfosse

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

All introduced natural enemies present a degree of risk to nontarget species. Since most biological control programs use relatively host-specific natural enemies, the risk to nontarget species is generally very low, particularly from biological control of weeds, which uses extensively tested and validated host-specificity testing procedures to predict risk. However, many of the published comments about risks of biological control are superficial or misleading, often inappropriately lumping risk from all taxa of agents as “the risk of biological control,” and ignore the potential benefits, rather than dealing with species-by-species risk and benefits. Particularly confounding accurate predictions is the common mixing …

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Nisby Family: John Patrick Nisby, Jr. (Youth), Chris Bauer Jan 2005

Nisby Family: John Patrick Nisby, Jr. (Youth), Chris Bauer

African American Stories

Being the son of two high-achievers might be a burden for some people, but John Patrick Nisby says that he has had a “wonderful life.” His parents have played positive roles in his upbringing, introducing many factors into his life, which have inspired and motivated him...

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A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton Jan 2005

A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton

Faculty Scholarship

This article focuses on the use of actual public health problems to train law students in interdisciplinary problem solving. The author describes the planning, structure, challenges and rewards in teaching her clinical course, Problem Solving and Prevention in Healthcare, to students initially reluctant to work collaboratively in teams, intimidated by a broader community context, and hesitant to interact strategically with other professionals.

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Condensed Protocol For Competent Cell Preparation And Transformation Of The Methylotrophic Yeast Pichia Pastoris, Joan Lin-Cereghino, William Wong, See Xiong, William Giang, Linda Luong, Jane Vu, Sabrina Johnson, Geoff P. Lin-Cereghino Jan 2005

Condensed Protocol For Competent Cell Preparation And Transformation Of The Methylotrophic Yeast Pichia Pastoris, Joan Lin-Cereghino, William Wong, See Xiong, William Giang, Linda Luong, Jane Vu, Sabrina Johnson, Geoff P. Lin-Cereghino

College of the Pacific Faculty Articles

No abstract provided.

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Synthesis And Characterization Of Nanocrystalline Hydroxyapatite Powder; And The Effects Of Oxide-Based Sintering Additives On Tricalcium Phosphate, Himesh A. Bhatt Jan 2005

Synthesis And Characterization Of Nanocrystalline Hydroxyapatite Powder; And The Effects Of Oxide-Based Sintering Additives On Tricalcium Phosphate, Himesh A. Bhatt

Electronic Theses and Dissertations

Calcium phosphate (CP) materials have been used extensively for bone replacement and augmentation due to their similarity to the mineral component of bone. In addition to being non-toxic, they are biocompatible, not recognized as foreign materials in vivo, and most importantly, exhibit osteoconductive behavior, being able to help in bone formation during healing. CPs form an intimate physicochemical bond with the host tissue, termed osseointegration. However the main limitation of calcium phosphates is their inherent brittle nature and poor mechanical performance under complex stress states. As a result, these materials have been used clinically only in non-load-bearing applications, primarily as …

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Where Can Unconscionability Take Arbitration - Why The Fifth Circuit's Conscience Was Only Partially Shocked, Mary Jane Groff Jan 2005

Where Can Unconscionability Take Arbitration - Why The Fifth Circuit's Conscience Was Only Partially Shocked, Mary Jane Groff

Journal of Dispute Resolution

As a means of countering the pro-arbitration stance taken by the Supreme Court, a number of lower courts have chosen to police the fairness of arbitration clauses in contracts by using the doctrine of unconscionability. The Supreme Court has authorized the use of generally applicable contract law principles including unconscionability-to invalidate arbitration agreements. Unconscionability provides courts with a flexible tool for coming to the rescue of parties who, if the court is sufficiently shocked, find themselves entangled in unfair arbitration clauses. This Note addresses the Fifth Circuit's use of unconscionability in respect to a particularly one-sided arbitration clause, and examines …

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California's Unique Approach To Arbitration: Why This Road Less Traveled Will Make All The Difference On The Issue Of Preemption Under The Federal Arbitration Act, Michael G. Mcguiness, Adam J. Karr Jan 2005

California's Unique Approach To Arbitration: Why This Road Less Traveled Will Make All The Difference On The Issue Of Preemption Under The Federal Arbitration Act, Michael G. Mcguiness, Adam J. Karr

Journal of Dispute Resolution

We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA contains a "savings clause" that provides that arbitration agreements shall be "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.", By its terms, the FAA permits courts to refuse to enforce arbitration agreements if the agreement is invalid under state laws that "arose to govern issues concerning the validity, revocability, and enforceability of contracts generally."

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No Notice Is Good News: Notice Under The New Ombuds Standards For The Establishment And Operation Of Ombuds Offices , Katherine A. Welch Jan 2005

No Notice Is Good News: Notice Under The New Ombuds Standards For The Establishment And Operation Of Ombuds Offices , Katherine A. Welch

Journal of Dispute Resolution

The American Bar Association (ABA) recently announced its decision to endorse the revised Standards for the Establishment and Operation of Ombuds Offices, dated February 2004.1 A modification to the 2001 Standards for the Establishment and Operation of Ombuds Offices, 2 the new Standards are responsible for certain clarifications of the role of an ombuds. One such clarification is that of notice in the employment context. Under the new Standards, communications made to an ombuds regarding complaints of violations or unlawful practices within the workplace do not constitute notice to the employer, provided that the ombud's practices are consistent with the …

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Please Don't Tell My Parents: The Validity Of School Policies Mandating Parental Notification Of A Student's Pregnancy, Melissa Prober Jan 2005

Please Don't Tell My Parents: The Validity Of School Policies Mandating Parental Notification Of A Student's Pregnancy, Melissa Prober

Brooklyn Law Review

No abstract provided.

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Why The Ninth Circuit Decided Everex As If Every Patent Licensee In America Were Destined For Bankruptcy, Matt Siegel Jan 2005

Why The Ninth Circuit Decided Everex As If Every Patent Licensee In America Were Destined For Bankruptcy, Matt Siegel

Brooklyn Law Review

No abstract provided.

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The Aretaic Turn In Constitutional Theory, Lawrence B. Solum Jan 2005

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

Brooklyn Law Review

No abstract provided.

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Beyond A Bar Of Double-Digit Ratios: State Farm V. Campbell's Impact On Punitive Damages Awards, Garrett T. Charon Jan 2005

Beyond A Bar Of Double-Digit Ratios: State Farm V. Campbell's Impact On Punitive Damages Awards, Garrett T. Charon

Brooklyn Law Review

No abstract provided.

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Dismissing The Foster Children: The Eleventh Circuit's Misapplication And Improper Expansion Of The Younger Abstention Doctrine In Bonnie L. V. Bush, Nora Meltzer Jan 2005

Dismissing The Foster Children: The Eleventh Circuit's Misapplication And Improper Expansion Of The Younger Abstention Doctrine In Bonnie L. V. Bush, Nora Meltzer

Brooklyn Law Review

No abstract provided.

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