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2005

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Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci Jan 2005

Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, the Author undertakes a comprehensive study of interim measures ordered in human rights cases before six international enforcement bodies--the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, the United Nations Human Rights Committee, the United Nations Committee against Torture, and the Inter-American Commission on Human Rights. An order of interim measures may require that the State take positive action, such as providing protection for human rights activists or journalists, or it may call upon the State to refrain from taking action, such as not extraditing a person or delaying …


Rethinking Multinational Corporate Governance In Extractive Industries, Matthew Nick Jan 2005

Rethinking Multinational Corporate Governance In Extractive Industries, Matthew Nick

Vanderbilt Journal of Transnational Law

The oil and natural gas reserves under the Caspian Sea have sparked the interest of international investors and oil firms. The political, economic, and social turmoil in the five countries bordering the Caspian Sea, however, pose significant challenges for effective regulation of multinational interaction with the five Caspian states. A joint-effort approach to regulation involving the World Bank, multinational enterprises, and the individual Caspian states' governments poses the most functional and efficient means of instituting international oversight. Such a tripartite structure connects the fortunes of all the parties and provides safeguards against default by any single entity. A mutually beneficial …


Free Trade And Illegal Drugs: Will Nafta Transform The United States Into The Netherlands?, Taylor W. French Jan 2005

Free Trade And Illegal Drugs: Will Nafta Transform The United States Into The Netherlands?, Taylor W. French

Vanderbilt Journal of Transnational Law

In the postwar era, the United States typically has taken an approach to dealing with illegal drugs different from Europe. Americans have favored prohibitionist measures to combat drug use, while Europeans have gradually relaxed many of their illicit substance laws. Recently, however, there has been a growing movement within the United States to decriminalize and legalize marijuana. Numerous states have already reformed their laws to allow doctors to prescribe marijuana to patients. Moreover, many states are dramatically decriminalizing personal use of cannabis.

A review of postwar Europe's experience with drugs provides a useful paradigm to explain the U.S.'s shifting attitude. …


Why Environmental Liability Regimes In The United States, The European Community, And Japan Have Grown Synonymous With The Polluter Pays Principle, Eric T. Larson Jan 2005

Why Environmental Liability Regimes In The United States, The European Community, And Japan Have Grown Synonymous With The Polluter Pays Principle, Eric T. Larson

Vanderbilt Journal of Transnational Law

Significant concern about the harm to the environment caused by the disposal of hazardous wastes and detrimental materials abounds. In response, regulators around the globe have struggled to develop environmental liability regimes that effectively remediate contaminated sites. Regulators in the United States, the European Community, and Japan have addressed environmental contamination concerns by adopting the polluter pays principle as a core component of their domestic environmental liability regimes. The polluter pays principle demands that the polluter bear the burden of remediating the waste it generates. The impetus for adoption of the polluter pays principle in the United States, the European …


Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz Jan 2005

Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Rights of the Child, adopted by the General Assembly on November 20, 1989, articulates a comprehensive scheme of rights specifically tailored to children. International recognition of children's rights is only the first step, however. The effectiveness of the Convention on the Rights of the Child depends on the signatories' efforts to comply with its provisions and to incorporate children's rights into existing schemes of established rights. The 1996 Constitution of the Republic of South Africa includes specific rights for children resembling those articulated in the Convention on the Rights of the Child. Although South …


People V. Floyd: An Argument Against Intentionalist Interpretation Of Voter Initiatives, Evan C. Johnson Jan 2005

People V. Floyd: An Argument Against Intentionalist Interpretation Of Voter Initiatives, Evan C. Johnson

Santa Clara Law Review

No abstract provided.


The Council Of Europe's Monitoring Mechanisms And Their Relation To Eastern European Member States' Noncompliance, Vessela V. Stoyanova Jan 2005

The Council Of Europe's Monitoring Mechanisms And Their Relation To Eastern European Member States' Noncompliance, Vessela V. Stoyanova

Santa Clara Law Review

No abstract provided.


Book Review Of Challenging And Supporting The First Year Student: A Handbook For Improving The First Year Of College, Susan Bramlett Epps Jan 2005

Book Review Of Challenging And Supporting The First Year Student: A Handbook For Improving The First Year Of College, Susan Bramlett Epps

ETSU Faculty Works

Excerpt: The gurus of the first-year student experience have done it again!


The Who-Das Ii: Psychometric Properties In The Measurement Of Functional Health Status In Adults With Acquired Hearing Loss, Theresa H. Chisolm, Harvey B. Abrams, Rachel Mcardle, Richard H. Wilson, Patrick J. Doyle Jan 2005

The Who-Das Ii: Psychometric Properties In The Measurement Of Functional Health Status In Adults With Acquired Hearing Loss, Theresa H. Chisolm, Harvey B. Abrams, Rachel Mcardle, Richard H. Wilson, Patrick J. Doyle

ETSU Faculty Works

The World Health Organization's (WHO) Disability Assessment Scale II (WHO-DAS II) is a generic health-status instrument firmly grounded in the WHO's International Classification of Functioning, Disability and Health (WHO-ICF). As such, it assesses functioning for six domains: communication, mobility, self-care, interpersonal, life activities, and participation. Domain scores aggregate to a total score. Because the WHO-DAS II contains questions relevant to hearing and communication, it has good face validity for use as an outcome measure for audiologic intervention. The purpose of the present study was to determine the psychometric properties of the WHO-DAS II on a sample of individuals with adult-onset …


The Effects Of A University-Based Academic Detailing Program For Primary Care Providers On Hemoglobin A1c Assessment Frequency In Type Ii Diabetics, Christopher Maloy Jan 2005

The Effects Of A University-Based Academic Detailing Program For Primary Care Providers On Hemoglobin A1c Assessment Frequency In Type Ii Diabetics, Christopher Maloy

MPA/MPP/MPFM Capstone Projects

Diabetes is a serious illness affecting millions of people in the United States today. The disease is characterized by the chronic and acute complications of poorly regulated blood glucose concentrations. These complications lead to significant morbidity and mortality in the diabetic population. It is estimated that diabetes accounts for over $1.9 billion in Kentucky healthcare expenditure annually, a figure that continues to grow each year. In order to address this serious public health problem, many states have adopted healthcare initiatives to target increased diabetes awareness and care. The Commonwealth of Kentucky has implemented numerous such initiatives, including an innovative program …


Securing The Commonwealth: Changing Emergency Preparedness In Kentucky: A Study Of The Efforts Of The Department Of Homeland Security In Changing Emergency Preparedness At The County Level, Christopher Cross Jan 2005

Securing The Commonwealth: Changing Emergency Preparedness In Kentucky: A Study Of The Efforts Of The Department Of Homeland Security In Changing Emergency Preparedness At The County Level, Christopher Cross

MPA/MPP/MPFM Capstone Projects

Statement of the Problem

During the first 24 to 72 hours following a terrorist attack, local officials and first responders will be responsible for dealing with the initial aftermath. While most officials—federal, state, and local—have all acknowledged that domestic preparedness must occur at the bottom of the governmental structure, it is unclear if any changes to emergency response planning have actually occurred at the local governmental level.

Research Questions

The intention of this capstone is to answer the following questions:

  1. Has change in emergency response planning occurred at the county level?
  2. Are there regional differences present in terms of organizational …


Development Forecast: The Fiscal Effects On Property Taxes And Occupational License Fees And The Social Costs And Benefits Of Urban Redevelopment In Lexington-Fayette County, Kentucky, Tony J. Stoeppel Jan 2005

Development Forecast: The Fiscal Effects On Property Taxes And Occupational License Fees And The Social Costs And Benefits Of Urban Redevelopment In Lexington-Fayette County, Kentucky, Tony J. Stoeppel

MPA/MPP/MPFM Capstone Projects

Real estate development has effects on the publicly recorded property valuation of a parcel. The extent of the relationship in Lexington-Fayette County demands further analysis. Redevelopment also has unintended social costs the public may be forced to bear. This study presents estimates of the fiscal impact a redevelopment project has on the local tax revenues. The study population used for analysis includes redevelopment projects completed within the last six years in the downtown Lexington area. The research attempts to formalize a relationship among the incremental change in the publicly recorded value, the cost of redevelopment, and the distance the project …


Economic Analysis Of Kentucky Being A Part Of The National Lambda Rail, Chithra Perumal Jan 2005

Economic Analysis Of Kentucky Being A Part Of The National Lambda Rail, Chithra Perumal

MPA/MPP/MPFM Capstone Projects

Electronic connectivity and information network systems form a major part of the overall modern research infrastructure. High capacity networks allow for the sharing vast amounts of data between research laboratories, analysis of complex images, and other demanding computer applications. The major electronic information network that is being established in the USA to improve electronic communication in the research field is the National Lambda Rail (NLR). NLR is a nationwide broad bandwidth computing network used by leading research institutions. NLR provides national scale infrastructure for research and experimentation. Most of the member states of NLR have high ranking in terms of …


Childhood And Adolescent Obesity: Nationwide Pediatric Healthcare Provider Practices And Their Role In Treatment And Prevention Of The Obesity Epidemic, Alison Farley Jan 2005

Childhood And Adolescent Obesity: Nationwide Pediatric Healthcare Provider Practices And Their Role In Treatment And Prevention Of The Obesity Epidemic, Alison Farley

MPA/MPP/MPFM Capstone Projects

The purpose of this research is to explore screening and treatment patterns as well as the underlying provider confidence in their decision-making related to the overweight and obese child and adolescent patient. The screening and treatment of obesity in the child and adolescent population are affected by complex social implications and physical side effects. Without a clear consensus on screening, diagnosis and alternative treatment plans, healthcare providers will not maximize the opportunity to provide primary and secondary prevention to the growing epidemic.

Statistical analysis of secondary survey data was conducted to explore screening and treatment patterns as well as the …


Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin Jan 2005

Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin

Faculty Articles

The article reviews and engages Professor Derrick Bell’s more recent scholarship on the nature of the legal profession and the practice of law – ETHICAL AMBITION: LIVING A LIFE OF MEANING AND WORTH – placing Bell’s work in the broader framework of the entire legal enterprise highlighting its relevance to legal ethics, the ills of the profession and legal training. The article juxtaposes Bell’s more contemporary critique of the legal profession and practice with the observations of Carter G. Woodson in THE MIS-EDUCATION OF THE NEGRO, another African-American educator largely unfamiliar to the broader legal academy. The author proposes that …


Home And Community-Based Services: Quality Management Roles And Responsibilities [Appendices], Maureen Booth Mrp, Ma, Julie T. Fralich Mba, Taryn Bowe Jan 2005

Home And Community-Based Services: Quality Management Roles And Responsibilities [Appendices], Maureen Booth Mrp, Ma, Julie T. Fralich Mba, Taryn Bowe

Disability & Aging

Contents

Appendix A: Wisconsin Quality Management Concept ... A-1

Appendix B: Sample State HCBS Values and Principles... B5

Appendix C: Examples of State Templates for Mapping HCBS QM Activities... C9

Appendix D: Sample State HCBS Performance Indicators... D49

Appendix E: Oregon HCBS Contract Reporting Requirements ... E63

Appendix F: Georgia Performance Profile Statewide Summary ... F70

Appendix G. Sample Job Descriptions ... G76

Appendix H: Texas Health and Human Services Commission... H82

Appendix I: South Carolina First Health Services Partnership ... I86


Henry David Thoreau: The Darwinian Naturalist, Jill Morgan Clark Jan 2005

Henry David Thoreau: The Darwinian Naturalist, Jill Morgan Clark

Master of Liberal Studies Theses

No abstract provided.


Quality Of Transgenic Laboratory Strains Of Cochliomyia Hominivorax (Diptera: Calliphoridae), Margaret L. Allen, Philip J. Scholl Jan 2005

Quality Of Transgenic Laboratory Strains Of Cochliomyia Hominivorax (Diptera: Calliphoridae), Margaret L. Allen, Philip J. Scholl

Department of Entomology: Faculty Publications

Genetically modified, mass reared insects present novel possibilities for the future of insect control. One concern about manipulation of insects is a possible loss of strain quality due to the introduction of a foreign gene of any sort into the insect genome. Eight transgenic strains of screwworm, Cochliomyia hominivorax (Coquerel) (Diptera: Calliphoridae), were compared with the wild-type parental laboratory strain in laboratory culture. Measurements of average fertility, fecundity, larval productivity, and longevity were analyzed. Two transgenic strains had significantly lower larval productivity than controls, one of which was explained by a homozygous lethal insertion of the transgene. Another strain produced …


Multiple Transatlantic Introductions Of The Western Corn Rootworm, Nicholas Miller, Arnaud Estoup, Stefan Toepfer, Denis Bourguet, Laurent Lapchin, Sylvie Derridj, Kyung Seok Kim, Philippe Reynaud, Lorenzo Furlan, Thomas Guillemaud Jan 2005

Multiple Transatlantic Introductions Of The Western Corn Rootworm, Nicholas Miller, Arnaud Estoup, Stefan Toepfer, Denis Bourguet, Laurent Lapchin, Sylvie Derridj, Kyung Seok Kim, Philippe Reynaud, Lorenzo Furlan, Thomas Guillemaud

Department of Entomology: Faculty Publications

Prevention of biological invasions, as opposed to remedial eradication of invasive species, represents the most cost-effective and perhaps only hope for stemming the current homogenization of the world's biota (1). Here we describe the introduction routes into Europe of the western corn rootworm (Diabrotica virgifera virgifera, WCR), the most destructive pest of corn in the United States. Armed with this knowledge, it will be possible to better gauge the prevention strategies that might be adopted


Brucellosis In Alpacas (Lama Pacos) In Communities Of The City Ulla Ulla, Franz Tomayo Province, Department Of La Paz, Macario Suxo Blanco Jan 2005

Brucellosis In Alpacas (Lama Pacos) In Communities Of The City Ulla Ulla, Franz Tomayo Province, Department Of La Paz, Macario Suxo Blanco

Theses and Dissertations

This investigation was performed in the Altiplano Altoandino sub-humid region in the Ulla Ulla district, Pelechuco township, Franz Tomayo province, department of La Paz, Bolivia. The objective of this study was to quantify and compare the presence of Brucellosis in male and female alpacas (Lama pacos) at ages 2, 3, 4, 5, 6, and 7 years. Blood samples were taken from the jugular vein of 500 alpacas from the Hichucollo, Huacuchani, Ucha Ucha, and Ulla Ulla communities. The serum from each sample was separated and a serological diagnosis was performed by rapid agglutination with Rose Bengal chemical stain. In the …


A Systematic Review Of Existing National Priorities For Child Health Research In Sub-Saharan Africa, George Swingler, James Irlam, William Macharia, Felix Tietche, Martin Meremikwu Jan 2005

A Systematic Review Of Existing National Priorities For Child Health Research In Sub-Saharan Africa, George Swingler, James Irlam, William Macharia, Felix Tietche, Martin Meremikwu

Paediatrics and Child Health, East Africa

Background: We systematically reviewed existing national child health research priorities in Sub-Saharan Africa, and the processes used to determine them.

Methods: Collaborators from a purposive sample of 20 WHO-AFRO Region countries, assisted by key informants from a range of governmental, non-governmental, research and funding organisations and universities, identified and located potentially eligible prioritisation documents. Included documents were those published between 1990 and 2002 from national or nationally accredited institutions describing national health research priorities for child health, alone or as part of a broader report in which children were a clearly identifiable group. Laboratory, clinical, public health and policy research …


Reflections [Complete Issue : First Quarter 2005, Vol 31, 1], Sigma Theta Tau International, Hila J. Spear, Linda H. Aiken, Chad S. Priest, Faisal Aboul-Enein, Khurshid Khowaja, Beth Anderson Jan 2005

Reflections [Complete Issue : First Quarter 2005, Vol 31, 1], Sigma Theta Tau International, Hila J. Spear, Linda H. Aiken, Chad S. Priest, Faisal Aboul-Enein, Khurshid Khowaja, Beth Anderson

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

"Good Morning, Boys and Girls; Have You Thought About …


Reflections [Complete Issue : Second Quarter 2005, Vol 31, 2], Sigma Theta Tau International, Safina England, Mary Chaffee, M. Colleen Stainton, Joanne Rycroft-Malone, Patricia M. Speck, Mary Sullivan, Constance A. Morrison, Evelyn Parrish, David R. Thompson, Therese Connell Meehan, Anie Sanentz Kalayjian, Susan Benedict Jan 2005

Reflections [Complete Issue : Second Quarter 2005, Vol 31, 2], Sigma Theta Tau International, Safina England, Mary Chaffee, M. Colleen Stainton, Joanne Rycroft-Malone, Patricia M. Speck, Mary Sullivan, Constance A. Morrison, Evelyn Parrish, David R. Thompson, Therese Connell Meehan, Anie Sanentz Kalayjian, Susan Benedict

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

That First Day

Reaching Beyond the Familiar

The Power …


The Spillikin (Vol. 22), Valparaiso University Jan 2005

The Spillikin (Vol. 22), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.


Not Enough Official Torture In The World? The Circumstances In Which Torture Is Morally Justifiable, Mirko Bagaric, Julie Clarke Jan 2005

Not Enough Official Torture In The World? The Circumstances In Which Torture Is Morally Justifiable, Mirko Bagaric, Julie Clarke

University of San Francisco Law Review

No abstract provided.


Duck When A Conflict Of Interest Blinds You: Judicial Conflicts Of Interest In The Matters Of Scalia And Ginsburg, Marianne M. Jennings, Nim Razook Jan 2005

Duck When A Conflict Of Interest Blinds You: Judicial Conflicts Of Interest In The Matters Of Scalia And Ginsburg, Marianne M. Jennings, Nim Razook

University of San Francisco Law Review

No abstract provided.


Miller V. Hca, Inc.: Why The Emergent Circumstances Exception Is Threatening To The Best Interest Of The Child Standard, Brienne Wesolek Jan 2005

Miller V. Hca, Inc.: Why The Emergent Circumstances Exception Is Threatening To The Best Interest Of The Child Standard, Brienne Wesolek

University of San Francisco Law Review

No abstract provided.


Reforming The Fair Labor Standards Act: Recognizing On-Call Time As A Distinct Category Of Compensable Work, Loren Schwartz Jan 2005

Reforming The Fair Labor Standards Act: Recognizing On-Call Time As A Distinct Category Of Compensable Work, Loren Schwartz

University of San Francisco Law Review

No abstract provided.


Fighting Speech With Speech: Combating Abuses Of Section 527 Political Organizations With More Speech, Not Additional Regulation, James H. Oddie Jan 2005

Fighting Speech With Speech: Combating Abuses Of Section 527 Political Organizations With More Speech, Not Additional Regulation, James H. Oddie

University of San Francisco Law Review

No abstract provided.


Great Expectations' Defeated?: The Trajectory Of Collective Bargaining Regimes In Canada And The U.S. Post-Nafta, Eric Tucker Jan 2005

Great Expectations' Defeated?: The Trajectory Of Collective Bargaining Regimes In Canada And The U.S. Post-Nafta, Eric Tucker

All Papers

From the beginning of the free-trade era one contentious area has been the impact of trade liberalization on labor law. Opponents of NAFTA (and some supporters) predicted a regulatory race to the bottom (RTB) would ensue leading to increasingly deregulated labor markets. The result would be weaker collective bargaining laws, lower minimum standards, and a decline in the social wage. In recent years a number of scholars have examined the question in light of more than fifteen years experience under CUFTA and ten under NAFTA and there seems to be a growing consensus that, contrary to those 'great expectations', labor …