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2005

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Rape In The Twilight Zone: When Sex Is Unwanted But Not Illegal, Stephen J. Schulhofer Jan 2005

Rape In The Twilight Zone: When Sex Is Unwanted But Not Illegal, Stephen J. Schulhofer

Faculty Articles

Throughout the law, it is a familiar problem that there can be a large gap between the law in the books and the law in action. In the area of rape law, that gap is really more of a chasm. That is probably our most important problem. But here I want to focus on a different part of the problem; one that is a bit more esoteric but also may ultimately be more fundamental. That is, many very serious abuses still are not covered by the law at all. Many unambiguous abuses are not covered, even in theory. This topic …


The Ali Principles On Transnational Intellectual Property Disputes: Why Invite Conflicts?, Rochelle C. Dreyfuss Jan 2005

The Ali Principles On Transnational Intellectual Property Disputes: Why Invite Conflicts?, Rochelle C. Dreyfuss

Faculty Articles

As those members of the innovation community who focus on procedural law know, the American Law Institute (ALI) is engaged in a project to facilitate litigation of intellectual property disputes that cross national borders. The enterprise owes its origins to the 1999 Draft of the Convention on Jurisdiction in Civil and Commercial Matters, negotiated at the Hague Conference on Private International Law. By now, it has undergone several iterations. Columbia University Professor Jane Ginsburg and I used the Hague material as the starting point for proposing a stand-alone convention dealing not only with the general problems of international litigation, but …


Foreword, Trisha L. Strode, Peter E. Naylor Jan 2005

Foreword, Trisha L. Strode, Peter E. Naylor

Saint Louis University Public Law Review

No abstract provided.


Introduction, Mitchell Katine Jan 2005

Introduction, Mitchell Katine

Saint Louis University Public Law Review

No abstract provided.


One Wedding And A Revolution: A Film By Debra Chasnoff, Patricia A. Cain, Jean C. Love Jan 2005

One Wedding And A Revolution: A Film By Debra Chasnoff, Patricia A. Cain, Jean C. Love

Saint Louis University Public Law Review

No abstract provided.


From Queer To Paternity: How Primary Gay Fathers Are Changing Fatherhood And Gay Identity, E. Gary Spitko Jan 2005

From Queer To Paternity: How Primary Gay Fathers Are Changing Fatherhood And Gay Identity, E. Gary Spitko

Saint Louis University Public Law Review

No abstract provided.


Violence, Minors And The First Amendment: What Is Unprotected Speech And What Should Be?, Abby L. Schloessman Risner Jan 2005

Violence, Minors And The First Amendment: What Is Unprotected Speech And What Should Be?, Abby L. Schloessman Risner

Saint Louis University Public Law Review

No abstract provided.


What’S Your Score? Educating College Students About Credit Card Debt, Kimberly M. Gartner, Elizabeth R. Schiltz Jan 2005

What’S Your Score? Educating College Students About Credit Card Debt, Kimberly M. Gartner, Elizabeth R. Schiltz

Saint Louis University Public Law Review

No abstract provided.


Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston Jan 2005

Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston

Saint Louis University Public Law Review

No abstract provided.


Awakening The Divine Feminine: A Stepmother-Daughter Collaborative Journey Through Art Making & Ritual, Barbara Bickel, Vanessa Fisher Jan 2005

Awakening The Divine Feminine: A Stepmother-Daughter Collaborative Journey Through Art Making & Ritual, Barbara Bickel, Vanessa Fisher

Publications

No abstract provided.


Plasma Zinc Concentrations Are Depressed During The Acute Phase Response In Children With Falciparum Malaria, C. Duggan, W.B. Macleod, N.F. Krebs, J.L. Westcott, W.W. Fawzi, Zul Premji, V. Mwanakasale, J.L. Simon, K. Yeboah-Antwi, D.H. Hamer Jan 2005

Plasma Zinc Concentrations Are Depressed During The Acute Phase Response In Children With Falciparum Malaria, C. Duggan, W.B. Macleod, N.F. Krebs, J.L. Westcott, W.W. Fawzi, Zul Premji, V. Mwanakasale, J.L. Simon, K. Yeboah-Antwi, D.H. Hamer

Pathology, East Africa

Plasma concentrations of some micronutrients are altered in the setting of acute infectious or inflammatory stress. Previous studies have provided conflicting evidence concerning the extent and direction of changes in plasma zinc concentrations during the acute phase response. We carried out an observational cohort study in 689 children enrolled in a randomized trial of zinc supplementation during acute falciparum malaria in order to evaluate the relation between plasma zinc concentration and the acute phase response. Plasma zinc was measured by atomic absorption spectrophotometry. On admission, 70% of all subjects had low plasma zinc (<9.2 μmol/L). Multivariate analysis of predictors of admission plasma zinc showed that admission C-reactive protein (CRP), parasite density, and study site were the most important predictors. Predictors of changes in plasma zinc from admission to 72 h included baseline CRP, change in CRP, treatment group, study site, and baseline zinc concentration. In children with acute malaria infection, baseline plasma zinc concentrations were very low and were inversely correlated with CRP (r = -0.24, P < 0.0001) and the degree of parasitemia (r = -0.19, P < 0.0001). Even when CRP and time were taken into account, zinc supplementation increased plasma zinc concentration from admission to 72 h. When available, plasma zinc concentrations should be interpreted with concurrent measures of the acute phase response such as CRP. In children whose age, diet, and/or nutritional status place them at risk of zinc deficiency, those with low plasma zinc levels should be supplemented with oral zinc and followed for clinical and/or biochemical response. © 2005 American Society for Nutritional Sciences.


South Dakota Extension Trapper Program, A. Wentz Jan 2005

South Dakota Extension Trapper Program, A. Wentz

SDSU Extension Fact Sheets

No abstract provided.


Comprehensive Examination Of The University Of Montana Forensic Case 141, Amanda Marie Mason Jan 2005

Comprehensive Examination Of The University Of Montana Forensic Case 141, Amanda Marie Mason

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Selective Field Effects On Intracellular Vacuoles And Vesicle Membranes With Nanosecond Electric Pulses, Ephrem Tekle, Hammou Oubrahim, Sergey M. Dzekunov, Juergen F. Kolb, Karl H. Schoenbach Jan 2005

Selective Field Effects On Intracellular Vacuoles And Vesicle Membranes With Nanosecond Electric Pulses, Ephrem Tekle, Hammou Oubrahim, Sergey M. Dzekunov, Juergen F. Kolb, Karl H. Schoenbach

Bioelectrics Publications

Electric pulses across intact vesicles and cells can lead to transient increase in permeability of their membranes. We studied the integrity of these membranes in response to external electric pulses of high amplitude and submicrosecond duration with a primary aim of achieving selective permeabilization. These effects were examined in two separate model systems comprising of 1), a mixed population of 1,2-di-oleoyl-sn-glycero-3-phosphocholine phospholipid vesicles and in 2), single COS-7 cells, in which large endosomal membrane vacuoles were induced by stimulated endocytosis. It has been shown that large and rapidly varying external electric fields, with pulses shorter than the charging time of …


The Mosaic Theory, National Security, And The Freedom Of Information Act, David E. Pozen Jan 2005

The Mosaic Theory, National Security, And The Freedom Of Information Act, David E. Pozen

Faculty Scholarship

This Note documents the evolution of the "mosaic theory" in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in tension with the text and purpose of FOIA, and susceptible to abuse and overbreadth. This Note therefore argues, against precedent, for greater judicial scrutiny of mosaic theory …


Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue Jan 2005

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.


Legal Protection Of Technological Measures Protecting Works Of Authorship: International Obligations And The Us Experience, Jane C. Ginsburg Jan 2005

Legal Protection Of Technological Measures Protecting Works Of Authorship: International Obligations And The Us Experience, Jane C. Ginsburg

Faculty Scholarship

The ongoing transposition of the EU Information Society Directive's requirement that member States adopt of legal prohibitions of the circumvention of technological protections of works of authorship occasions this review of international obligations and their implementation in the US. This article addresses the scope of international obligations the WIPO Copyright Treaties impose on member States to protect against circumvention, as well as the US experience with the Digital Millennium Copyright Act's prohibitions on circumvention of access and copy controls. It examines the text of the statute, codified at sec. 1201 of the 1976 Copyright Act, the five years of judicial …


Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler Jan 2005

Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Research on children and the law has recently renewed its focus on the development of children's ties to law and legal actors. We identify the developmental process through which these relations develop as legal socialization, a process that unfolds during childhood and adolescence as part of a vector of developmental capital that promotes compliance with the law and cooperation with legal actors. In this paper, we show that ties to the law and perceptions of law and legal actors among children and adolescents change over time and age. We show that neighborhood contexts and experiences with legal actors shape the …


The 527 Problem ... And The Buckley Problem, Richard Briffault Jan 2005

The 527 Problem ... And The Buckley Problem, Richard Briffault

Faculty Scholarship

In the world of campaign finance, 2004 was without a doubt the year of the 527 organization. No other aspect of campaign financing received as much press coverage or public attention as the rise of the 527s. Expenditures by 527s – named after the section of the Internal Revenue Code under which they are organized – active in federal elections amounted to at least $405 million, accounting for more than one-tenth of total federal election spending and perhaps twenty to twenty-five percent of spending in the presidential campaign. Federal Election Commission ("FEC") Chairman Scott E. Thomas recently observed that "[there …


Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan Jan 2005

Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Faculty Scholarship

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …


'Listen, Rama’S Wife!’: Maithil Women’S Perspectives And Practices In The Festival Of Sāmā-Cakevā, Coralynn V. Davis Jan 2005

'Listen, Rama’S Wife!’: Maithil Women’S Perspectives And Practices In The Festival Of Sāmā-Cakevā, Coralynn V. Davis

Faculty Journal Articles

As a female-only festival in a significantly gender-segregated society, sāmā cakevā provides a window into Maithil women’s understandings of their society and the sacred, cultural subjectivities, moral frameworks, and projects of self-construction. The festival reminds us that to read male-female relations under patriarchal social formations as a dichotomy between the empowered and the disempowered ignores the porous boundaries between the two in which negotiations and tradeoffs create a symbiotic reliance. Specifically, the festival names two oppositional camps—the male world of law and the female world of relationships—and then creates a male character, the brother, who moves between the two, loyal …


Schiavo And Klein (Symposium), Evan H. Caminker Jan 2005

Schiavo And Klein (Symposium), Evan H. Caminker

Articles

When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United States v. Klein,1 notwithstanding its apparent articulation of a foundational separation of powers principle that Congress may not dictate a "rule of decision" governing a case in federal court. A Civil War-era decision about the distribution of war spoils, one the Supreme Court has hardly ever cited since and then only to distinguish it, in cases involving takings and spotted owls? Yawn.


The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla Jan 2005

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Law Faculty Publications

The controversy surrounding the constitutional challenge to the federal telemarketing "Do-Not-Call List" is a revealing parable of modern American life. The questions of First Amendment policy and doctrine posed by the challenge to the list are interesting in their own right. The real interest lies, however, not in the doctrinal chess moves themselves, but in the patterns of the larger match those moves reveal. ...


Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla Jan 2005

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Law Faculty Publications

William Van Alstyne’s contributions to First Amendment interpretation, like his contributions to all of American constitutional law, are characterized by a piercing intellectual honesty and an impish play of intelligence. One feels relentlessly pulled by the elegant currents of Professor Van Alsytne’s arguments, yet, at the same time, restlessly resistant, a resistance borne of the vague but certain wariness that one is but an apprentice forever consigned to a level of awareness several moves behind the master, who almost certainly will produce surprises at the end. ...


The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias Jan 2005

The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias

Law Faculty Publications

Selection of federal appellate court judges is now extremely controversial. Slowed nominee processing, accusations and countercharges between Democrats and Republicans, as well as "paybacks," have characterized appointments since 1990. One tenth of the 179 active circuit judgeships authorized by the United States Congress are perennially vacant, and substantial numbers of these positions can remain open for years. The Senate Judiciary Committee increasingly votes along straight political party lines, and Democratic senators even relied on filibusters to deny nominees positions on the United States Courts of Appeals for the District of Columbia Circuit as well as the Fourth, Fifth, and Ninth …


’Oh, You Use 098, You Must Be From Hercegovina?’ Communicating Identity In Everyday Consumer Rituals In Croatia, Katherine Sredl Jan 2005

’Oh, You Use 098, You Must Be From Hercegovina?’ Communicating Identity In Everyday Consumer Rituals In Croatia, Katherine Sredl

School of Business: Faculty Publications and Other Works

No abstract provided.


Converged Vs. Dedicated Ipsec Encryption Testing In Gigabit Ethernet Networks, Luther Troell, Jason Burns, Kurt Chapman, Dave Goddard, Matt Soderlund, Chris Ward Jan 2005

Converged Vs. Dedicated Ipsec Encryption Testing In Gigabit Ethernet Networks, Luther Troell, Jason Burns, Kurt Chapman, Dave Goddard, Matt Soderlund, Chris Ward

Articles

In January, 2005, Safenet, Inc. contacted the networking group to investigate the possibility of using our students for the purpose of comparing the performance of dedicated encryption device to an integrated encrypting device. The tests would also include a performance comparison between Data Link Layer (Layer 2) devices and Network Layer (Layer 3) devices. It was decided that the tests would consist of throughput, frame loss, and network latency. Two network topologies were used for the experiments: gigabit Ethernet and SONET OC-48. The equipment to be tested was Safenet’s High Assurance 4000 Gateway (HA4000) for the gigabit Ethernet topology and …


Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen Jan 2005

Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen

Articles

This study examined visual information processing and learning in classrooms including both deaf and hearing students. Of particular interest were the effects on deaf students’ learning of live (threedimensional) versus video-recorded (two-dimensional) sign language interpreting and the visual attention strategies of more and less experienced deaf signers exposed to simultaneous, multiple sources of visual information. Results from three experiments consistently indicated no differences in learning between three-dimensional and two-dimensional presentations among hearing or deaf students. Analyses of students’ allocation of visual attention and the influence of various demographic and experimental variables suggested considerable flexibility in deaf students’ receptive communication skills. …


The Invariant Algorithm For Identification And Detection Of Multiple Gas Plumes And Weak Releases, Erin O'Donnell, David W. Messinger, Carl Salvaggio, John Schott Jan 2005

The Invariant Algorithm For Identification And Detection Of Multiple Gas Plumes And Weak Releases, Erin O'Donnell, David W. Messinger, Carl Salvaggio, John Schott

Articles

The ability to detect and identify gaseous effluents is a problem that has been pursued with limited success. It has been shown to bepossible using the Invariant algorithm on synthetic hyperspectralscenes with a strong single gas release. That however, is a veryspecific case and leaves room for further investigation. This studylooks at more realistic detection and release scenarios. Ourimplementation of the Invariant algorithm uses Singular ValueDecomposition (SVD) to select basis vectors from a subspace of targetgases in conjunction with a Generalized Likelihood Ratio Test (GLRT) to determine on a pixel by pixel basis how ``like" the target gas each pixel …


The Evolving Impact Of Institutional Repositories On Reference Librarians, Marianne Buehler, Adwoa Boateng Jan 2005

The Evolving Impact Of Institutional Repositories On Reference Librarians, Marianne Buehler, Adwoa Boateng

Articles

Purpose – The paper's purpose is to share the insights that the staff of the Rochester Institute of Technology (RIT) Libraries (Wallace Library, RIT Archives, and the Cary Collection) gained into the role of reference librarians in establishing and operating an institutional repository (IR).

Design/methodology/approach – The paper conducts a literature review on a range of published (1999-2005) works to research the background of IRs and to incorporate it with the authors' own experiences.

Findings – The research findings, involving implementing IRs and specifically the effect on the role of the reference librarian in academic libraries, were found to be …