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2005

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Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang Jan 2005

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

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Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss Jan 2005

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

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Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter Jan 2005

Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter

Publications

As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …

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Energy, Environment & Sustainable Development, Lakshman D. Guruswamy Jan 2005

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.

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The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson Jan 2005

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …

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Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu Jan 2005

Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu

Research Collection Yong Pung How School Of Law

The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …

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Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades Jan 2005

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

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Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler Jan 2005

Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …

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Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler Jan 2005

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged, or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. In addition, state intervention seeps into areas where a dominant federal role would be more defensible. This jurisdictional …

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What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino Jan 2005

What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino

Faculty Publications

No abstract provided.

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Revegetating Decommissioned Roads In A Dry Douglas-Fir Forest Of The Oregon Cascades : Seeding With Non-Natives Versus Natural Recovery, Jolanta H. Glabek Jan 2005

Revegetating Decommissioned Roads In A Dry Douglas-Fir Forest Of The Oregon Cascades : Seeding With Non-Natives Versus Natural Recovery, Jolanta H. Glabek

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead Jan 2005

Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead

Journal Articles

The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly …

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Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar Jan 2005

Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar

Partnerships/Community

What are community representatives saying about the value of community-campus partnerships (CCPs) for promoting economic development? CCPs are playing an increasingly visible role in neighborhood revitalization. More and more, we in the Community Affairs Unit of the Federal Reserve System find ourselves reporting on the outcomes of these collaborations. While community-campus engagements offer potential benefits for both communities and academic institutions, it has become clear to us that there is a shortage of narrative and analytical work clarifying how well these partnerships operate from the community perspective. This paper aims to help fill that gap.

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The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein Jan 2005

The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Echo, Winter/Spring 2005, Columbia College Chicago Jan 2005

Echo, Winter/Spring 2005, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: Hookah! A new twist on an old smoke; Gender bending at the Baton Show Lounge; Sam Weller on Ray Bradbury; An inside look at speed dating; Great getaways 5 road trips, volunteer vacations, hostel hopping; Cell phone addict? 64 pages.

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Childhood Predictive And Protective Factors Of Adult Substance Abuse, Melissa A. Grossman Jan 2005

Childhood Predictive And Protective Factors Of Adult Substance Abuse, Melissa A. Grossman

Masters Theses

Psychological abuse in childhood is believed to have an affect on psychological wellbeing in adulthood, specifically in the area of substance abuse. Following the lead of studies in psychological abuse, substance abuse and protective factors, the present study examined the relationship between childhood psychological abuse and adult substance use, along with the role of protective factors in that relationship. Participants, consisting of college undergraduates, completed a series of measures of family cohesion, bonding, substance use, and psychological maltreatment. Although results did not show a relationship between childhood psychological abuse and adult substance abuse, family cohesion was shown to be related …

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Effects Of Education On Gender Income Inequality In The United States, Jiang Li Jan 2005

Effects Of Education On Gender Income Inequality In The United States, Jiang Li

Masters Theses

This paper examines the relationship between gender income inequality and educational attainment level with reference to the United States (US). The population under consideration is divided into several groups based on their educational levels. Then gender income inequalities are calculated under each educational level. The total educational effect is shown to be composed of three effects. By measuring these effects, it is found that like past studies, more education reduces gender income inequality, but not in every case. Moreover, this paper explores the relative size of each of the component effects within the educational effect.

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Cultural Competency In Healthcare: How Effective Are Cultural Diversity Training Modules Developed By The University Of Illinois, College Of Nursing,, Linda M. Moore Jan 2005

Cultural Competency In Healthcare: How Effective Are Cultural Diversity Training Modules Developed By The University Of Illinois, College Of Nursing,, Linda M. Moore

Masters Theses

Cultural diversity is a core part of our country and its impact has significant implications for quality health care delivery throughout the United States. The need for culturally competent health care services for diverse populations is gaining attention from health providers and educators. Cultural competency is about delivering quality patient care while demonstrating cultural awareness, respect, and concern for other cultures and social groups. Generally there has been a lack of research in the area of cultural competency in health care and the effectiveness of cultural competency training programs on health care providers. The purpose of this study was to …

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Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira Jan 2005

Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira

Masters Theses

The current review was designed to provide a better understanding of the present situation of mental health care in the U.S. Therefore, a review of the history of deinstitutionalization of the mentally ill in the U.S. and an exploration of the role of a prominent current model in mental health care, Assertive Community Treatment (ACT) were undertaken. Deinstitutionalization changed the paradigm of mental health care in the country. This process underwent different stages from religious based care, to large stated hospitals and to community care, where it stands now. Research articles on ACT in urban and in rural areas were …

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Course Schedule Spring 2005, William & Mary Law School Jan 2005

Course Schedule Spring 2005, William & Mary Law School

Course Information

No abstract provided.

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Studying The Historical Jesus Through Service, Alicia Batten Jan 2005

Studying The Historical Jesus Through Service, Alicia Batten

Service Learning, General

Service learning pedagogy often assumes a variety of forms when connected with classroom teaching. Through a creative use of service learning pedagogy, the author constructs learning designs that foster student engagement with course content and prompts interrelated connections between the subjects and their own service learning experiences. The author highlights the importance of setting a context for service learning through creating activities linked to learning goals, integrating service learning components with classroom teaching methods, and proactively engaging student apathy, resistance, and faith perspectives through specific assignments that combine experience, analysis, and subject matter. The course described in this essay directly …

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Sharing Your National Service Story: A Guide To Working With The Media, Corporation For National And Community Service Jan 2005

Sharing Your National Service Story: A Guide To Working With The Media, Corporation For National And Community Service

Service Learning, General

Running a national service program is more than a full-time job. Between developing projects, recruiting volunteers, managing finances, seeking resources, and filling out paperwork, it may feel like there’s no time to do anything else. With all the things a busy program manager has to do, you may wonder: “Why should I care about media coverage, and can it really help me?”

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Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School Jan 2005

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.

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Between-Group Transmission Dynamics Of The Swallow Bug, Oeciacus Vicarius, Charles R. Brown, Mary Bomberger Brown Jan 2005

Between-Group Transmission Dynamics Of The Swallow Bug, Oeciacus Vicarius, Charles R. Brown, Mary Bomberger Brown

School of Biological Sciences: Faculty Publications

The parasitic cimicid swallow bug, Oeciacus vicarius, is the principal invertebrate vector for Buggy Creek virus (BCRV) and has also been associated with Venezuelan equine encephalitis virus. To help understand the spread of this vector, we experimentally measured the transmission of O. vicarius between groups (colonies) of its main host, the cliff swallow (Petrochelidon pyrrhonota), in the field. Transmission of bugs between colonies varied significantly with year, size of the colony, and week within the season. Bug immigration into sites tended to peak in mid-summer. Swallow nests in larger colonies had more consistent rates of bug introduction than …

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Protest, Proportionality, And The Politics Of Privacy: Mediating The Tension Between The Right Of Access To Abortion Clinics And Free Religious Expression In Canada And The United States, Richard Albert Jan 2005

Protest, Proportionality, And The Politics Of Privacy: Mediating The Tension Between The Right Of Access To Abortion Clinics And Free Religious Expression In Canada And The United States, Richard Albert

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa Jan 2005

The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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The Granite, 2005, University Of New Hampshire Jan 2005

The Granite, 2005, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

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The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka Jan 2005

The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka

American Indian Law Review

No abstract provided.

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Will States Continue To Provide Exclusivity In Tribal Gaming Compacts Or Will Tribes Bust On The Hand Of The State In Order To Expand Indian Gaming, Katie Eidson Jan 2005

Will States Continue To Provide Exclusivity In Tribal Gaming Compacts Or Will Tribes Bust On The Hand Of The State In Order To Expand Indian Gaming, Katie Eidson

American Indian Law Review

No abstract provided.

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The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren Jan 2005

The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren

American Indian Law Review

No abstract provided.

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