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2005

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Terry Gunn V. Utah State Retirement Board : Brief Of Appellee, Utah Court Of Appeals Jan 2005

Terry Gunn V. Utah State Retirement Board : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT DAVIS COUNTY, FARMINGTON DEPARTMENT THE HONORABLE DARWIN C. HANSEN


Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Supreme Court No.: 20051165 District Court Civil No.: 050911548 mi APPELLANTS' ADDENDUM ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE WILLIAM W. BARRETT.


Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

District Court Civil No.: 050911548 mi BRIEF OF APPELLANTS ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE WILLIAM W. BARRETT.


Where Do White People Come From? A Foucaultian Critique Of Whiteness Studies, Ladelle Mcwhorter Jan 2005

Where Do White People Come From? A Foucaultian Critique Of Whiteness Studies, Ladelle Mcwhorter

Women, Gender and Sexuality Studies Faculty Publications

Over the past 15 years we have seen the rise of a field of inquiry known as Whiteness Studies. Two of its major tenets are (1) that white identity is socially constructed and functions as a racial norm and (2) that those who occupy the position of white subjectivity exercise ‘white privilege’, which is oppressive to non-whites. However, despite their ubiquitous use of the term ‘norm’, Whiteness Studies theorists rarely give any detailed account of how whiteness serves to normalize. A case is made here that we can only understand how whiteness normalizes if we place the development of white …


Business Organizations - Staying Afloat With A Hole In The Wyoming Llc Act: Default Rules In A Contractual Llc World, Catherine M. Rogers Jan 2005

Business Organizations - Staying Afloat With A Hole In The Wyoming Llc Act: Default Rules In A Contractual Llc World, Catherine M. Rogers

Wyoming Law Review

No abstract provided.


Professional Responsibilities Toward Children In Trouble With The Law, Donna Sheen Jan 2005

Professional Responsibilities Toward Children In Trouble With The Law, Donna Sheen

Wyoming Law Review

No abstract provided.


Rural Community Development: A New Paradigm?, Cynthia M. Duncan Jan 2005

Rural Community Development: A New Paradigm?, Cynthia M. Duncan

Carsey Publications

No abstract provided.


Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr Jan 2005

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …


"Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective, Deleso Alford Washington Jan 2005

"Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective, Deleso Alford Washington

Journal Publications

For purposes of this paper, I will address societal regulations imposed upon the Black wombman's ability to control her reproductive rights. As we - Critical Race Feminist ("CRF") theorists who are becoming more empowered Critical Race Feminist activists - engage in necessary dialogue, there must be an appropriate point of departure. Once CRF theorists open our eyes, we will see what I refer to as "her-story." We will also see that it is time to move into action mode in order to address the illusion of reproductive rights for Black women.


Rethinking Constructivism In Multicultural Contexts: Does Constructivism In Education Take The Issue Of Diversity Into Consideration?, Gyseon Bae Jan 2005

Rethinking Constructivism In Multicultural Contexts: Does Constructivism In Education Take The Issue Of Diversity Into Consideration?, Gyseon Bae

Essays in Education

This paper is an attempt to understand whether and, if so, how one particular prospective learning theory in education really deals with the issue of diversity. As a prospective learning theory, epistemology, and methodology, constructivism emphasizes non-transmitted ways of classroom instruction, and its conduciveness to student learning has been well documented. However, most research concerning constructivism has been conducted in relatively stable linguistic, ethnic, and cultural contexts; relatively few studies have critically analyzed the process of teaching and learning when constructivism is applied to contexts involving linguistic, cultural, or ethnic diversity. In the paper, the author discusses the major assumptions …


Mr. Atod’S Wild Ride: What Do Alcohol, Tobacco, And Other Drugs Have In Common?, David T. Courtwright Jan 2005

Mr. Atod’S Wild Ride: What Do Alcohol, Tobacco, And Other Drugs Have In Common?, David T. Courtwright

History Faculty Research and Scholarship

All researchers agree that individuals can become intoxicated by and dependent on alcohol, tobacco, and other psychoactive drugs. But they have disagreed over whether, and to what extent, drug pathologies comprise a unitary medical problem. Most critically, does addiction have a biological common denominator? Consensus on this question has shifted back and forth. In the late nineteenth and early twentieth centuries, physicians often studied and treated various drug addictions together, working under the “inebriety” paradigm. By the mid-twentieth century the inebriety paradigm had collapsed. Tobacco and alcohol had split off, both in the medical research community and in western popular …


Introduction, New Mexico Law Review Jan 2005

Introduction, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Information-Processing Skills Related To Working Memory In Individuals With Asperger's Disorder, Nancy Lynn Musarra Jan 2005

Information-Processing Skills Related To Working Memory In Individuals With Asperger's Disorder, Nancy Lynn Musarra

Harold L. Hodgkinson Award for Outstanding Dissertation

The present study examined information-processing (IP) deficits specific to the ability of individuals with Asperger's disorder (AD) to interpret and respond to nonverbal and verbal information inherent in social relationships as it relates to working memory capacity. Sixty boys between the ages of 11.0 and 15.7 years (30 diagnosed with AD [Group A], and 30 typically developing, same-age peers [Group T]) were assessed using the Working Memory Test Battery for Children (WMTB-C). The present study combined theories from cognitive, neurological, and clinical psychology, isolated specific working memory components, and identified a connection between working memory capacity and the social skill …


Twelve Factors Influencing Sustainable Recycling Of Municipal Solid Waste In Developing Countries , Alexis Manda Troschinetz Jan 2005

Twelve Factors Influencing Sustainable Recycling Of Municipal Solid Waste In Developing Countries , Alexis Manda Troschinetz

Dissertations, Master's Theses and Master's Reports - Open

Sustainable management of solid waste is a global concern, as exemplified by the United Nations Millennium Development Goals (MDG) that 191 member states support. The seventh MDG indirectly advocates for municipal solid waste management (MSWM) by aiming to ensure environmental sustainability into countries’ policies and programs and reverse negative environmental impact. Proper MSWM will likely result in relieving poverty, reducing child mortality, improving maternal health, and preventing disease, which are MDG goals one, four, five, and six, respectively (UNMDG, 2005).

Solid waste production is increasing worldwide as the global society strives to obtain a decent quality of life. Several means …


Iso 14001 In India: More Than A Certificate On The Wall?, Samir Aslam Qadir Jan 2005

Iso 14001 In India: More Than A Certificate On The Wall?, Samir Aslam Qadir

Dissertations, Master's Theses and Master's Reports - Open

The growth of ISO 14001 certificates worldwide has led to much research on the role of voluntary standards in improving the environmental impacts of industry. Most of this research, however, has focused on industrialized countries, with very little research examining the effects of ISO 14001 and other voluntary initiatives in the developing world. This is especially unfortunate because it is in these very countries that proponents of ISO 14001 claim the largest benefits of the standard will occur, by helping polluting industries improve performance and by assisting environmental regulators in enforcing laws more effectively.

Indian industries have begun adopting ISO …


Bossie O'Brien Hundley And The Alabama Equal Suffrage Association's Campaign For Women's Suffrage, 1914-1915, Shenandoah Gallitz Jan 2005

Bossie O'Brien Hundley And The Alabama Equal Suffrage Association's Campaign For Women's Suffrage, 1914-1915, Shenandoah Gallitz

Vulcan Historical Review

pp. 78-90


Control Frauds As Financial Super-Predators: How 'Pathogens' Make Financial Markets Inefficient, William K. Black Jan 2005

Control Frauds As Financial Super-Predators: How 'Pathogens' Make Financial Markets Inefficient, William K. Black

Faculty Works

White-collar criminology scholarship shows that “accounting control frauds” (frauds led by the CEO) use accounting fraud to deceive (or suborn) sophisticated financial market participants. Large control frauds cause greater financial losses than all other forms of property crimes combined. Weak regulation, supervision and ethics produce epidemics of control fraud that cause systemic economic damage. As with the natural world, these financial super predators act like pathogens that take over a firm and act as a “vector” to cause even greater damage. Control fraud theory poses a major challenge to the efficient markets hypothesis and the resulting praxis that devalues financial …


Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton Jan 2005

Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton

Faculty Works

The magnitude of the Harry Potter phenomenon alone would make it worthy of consideration; the fact that it is children's literature, and thus may play a significant part in forming a future generation's attitudes toward law and legal institutions, makes it even more so. The various contributions to this article explore various aspects of law and culture as presented in or viewed through the Harry Potter stories. The contributions of James Charles Smith and Danaya Wright address the depiction of families in the narratives and the limited role and development of family law. Benjamin H. Barton's contribution considers the failings …


Front Matter, Jtaa Editors Jan 2005

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A Return To Certainty: Why Grand Jury Subpoenas Should Supersede Civil Protective Orders, Brian Baggott Jan 2005

A Return To Certainty: Why Grand Jury Subpoenas Should Supersede Civil Protective Orders, Brian Baggott

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Limitations On A Minor's Right To Sue For Medical Malpractice: A Constitutional Analysis, Natalie H. Mantell Jan 2005

Limitations On A Minor's Right To Sue For Medical Malpractice: A Constitutional Analysis, Natalie H. Mantell

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


An Examination Of Relocation Law In Massachusetts, Connecticut, And Rhode Island: Successful Trends Toward Determining The Best Interests Of The Child, Kathleen Yaeger Jan 2005

An Examination Of Relocation Law In Massachusetts, Connecticut, And Rhode Island: Successful Trends Toward Determining The Best Interests Of The Child, Kathleen Yaeger

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Aaml Model For A Parenting Plan, Mary Kay Kisthardt Jan 2005

The Aaml Model For A Parenting Plan, Mary Kay Kisthardt

Faculty Works

The American Law Institute's Principles on the Law of Family Dissolution were published in 2002. These principles, which were developed over nearly a decade, reflect the thinking of prominent family law scholars, practitioners and judges concerning the legal consequences of marital dissolution: child custody, child support, distribution of marital property and compensatory payments to former spouses. The American Academy of Matrimonial Lawyers undertook the process of reviewing the ALI Principles concerning the Allocation of Custodial Decision-Making Responsibilities for Children and drafting a model parenting plan that would reflect the spirit of the ALI Principles relating to parenting plans without reference …


Should Mississippi Adopt A Class-Action Rule - Balancing The Equities: Ten Consideration That Mississippi Rulemakers Ought To Take Into Account In Evaluating Whether To Adopt A State Class-Action Rule, Linda S. Mullenix Jan 2005

Should Mississippi Adopt A Class-Action Rule - Balancing The Equities: Ten Consideration That Mississippi Rulemakers Ought To Take Into Account In Evaluating Whether To Adopt A State Class-Action Rule, Linda S. Mullenix

MC Law Review

No abstract provided.


Now Open For Business: The Transformation Of Mississippi's Legal Climate, Mark A. Behrens, Cary Silverman Jan 2005

Now Open For Business: The Transformation Of Mississippi's Legal Climate, Mark A. Behrens, Cary Silverman

MC Law Review

No abstract provided.


Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …


Traveling The Boundaries Of Statelessness: Global Passports And Citizenship , Berta Hawk Esperanza Hernandez-Truyol, Matthew Matthew Jan 2005

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship , Berta Hawk Esperanza Hernandez-Truyol, Matthew Matthew

Cleveland State Law Review

This essay proposes a model of a formal global citizenship that will prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. To appreciate the interplay between the proposed formal global citizenship and the citizenship tradition, our discussion will first review citizenship theories grounded in the nation-state. We then will turn to critiques of these traditionalist approaches which suggest that not all questions of citizenship can be dealt with in national terms. The conflict between these two approaches is clear in the case of …


Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry Jan 2005

Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry

Cleveland State Law Review

In this article I want to posit two ways in which a critique of the black white binary leads us to understandings of race and racism that are useful for the struggles of all peoples of color. The first is, the critique should lead us to advocate for an understanding of race as an architecture rather than categorical. The second argument is that when we focus upon race as an architecture it leads us away from a linear notion of racial hierarchy with white at the top and black at the bottom, and towards a sense that the distribution of …


Emerging Vector-Borne Diseases In A Changing Environment, Nurdan Özer Jan 2005

Emerging Vector-Borne Diseases In A Changing Environment, Nurdan Özer

Turkish Journal of Biology

Vector-borne infectious diseases are emerging or resurging as a result of changes in public health policy, demographic and societal changes, insecticide and drug resistance, shift in emphasis from prevention to emergency response, genetic changes in pathogens in the last two decades of the twentieth century. Climate changes also can influence the emergence and reemergence of these diseases which are malaria, dengue, yellow fever, plague, filariasis, louse-borne typhus, lyme disease, trypanosomiasis, leishmaniasis and viral diseases. West Nile virus is just the latest example of this type of invasion by exotic virus. This paper will provide an overview of the distribution, reasons …


Sensory Integration: Parent Education Manual, Megan Wosepka Jan 2005

Sensory Integration: Parent Education Manual, Megan Wosepka

Occupational Therapy Capstones

No abstract provided.