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2005

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Articles 13261 - 13290 of 14516

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Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead Jan 2005

Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead

Journal Articles

The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …

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The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead Jan 2005

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead

Journal Articles

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …

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Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett Jan 2005

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Journal Articles

There is nothing new in the United Kingdom about either the threat of terrorism or a legal response to it. For almost one hundred and fifty years, the troubled spectre of Irish politics has haunted mainland Britain and produced a variety of reactions, some worth noting and others richly deserving oblivion. In surveying the legislation it is important to bear in mind that the events of September 11, 2001 did not immediately bring about any dramatic change in the legislation directed to anti-terrorism. Most of it was already there. Having said that, the events of 9/11 have certainly had an …

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Rights And The Need For Objective Moral Limits, Charles E. Rice Jan 2005

Rights And The Need For Objective Moral Limits, Charles E. Rice

Journal Articles

In this article, we will examine the natural law conception that rights are rooted in human nature, which nature itself is of divine origin through creation. We will compare this natural law concept to the premises and social consequences of the secular, relativist, and individualist approaches common to the jurisprudence of the Enlightenment. This article will offer the conclusion that only a grounding of right in the nature of persons as immortal beings created by God can offer moral and cultural security against the depersonalization characteristic of regimes premised on a relativist individualism.

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The Congressional Response To Corporate Expatriations: The Tension Between Symbols And Substance In The Taxation Of Multinational Corporations, Michael S. Kirsch Jan 2005

The Congressional Response To Corporate Expatriations: The Tension Between Symbols And Substance In The Taxation Of Multinational Corporations, Michael S. Kirsch

Journal Articles

During the past few years, several high-profile U.S.-based multinational corporations have changed their tax residence from the United States to Bermuda or some other tax haven. They have accomplished these expatriations, and the resulting millions of dollars of annual tax savings, merely by changing the place of incorporation of their corporate parent, without the need to make any substantive changes to their business operations or their U.S.-based management structure. Congress and the media have focused significant attention on this phenomenon. Despite this attention, Congress initially enacted only a non-tax provision targeting corporate expatriations - a purported ban on expatriated companies …

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In Search Of A Theory For Constitutional Comparativism, Roger P. Alford Jan 2005

In Search Of A Theory For Constitutional Comparativism, Roger P. Alford

Journal Articles

Constitutional comparativism - the notion that international and foreign material should be used to interpret the U.S. Constitution - is gaining currency. Yet proponents of this practice rarely offer a firm theoretical justification for the practice. This Article contends that constitutional comparativism should be examined from the perspective of constitutional theory. The use of comparative and international material must be deemed appropriate or inappropriate based on a particular judge's interpretive mode of constitutional analysis. The Article presents four classic constitutional theories - originalism, natural law, majoritarianism, and pragmatism - and addresses the propriety of constitutional comparativism under each theory. This …

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Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell Jan 2005

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …

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The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna Jan 2005

The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna

Journal Articles

Legal protection against unauthorized commercial uses of an individual's identity has grown significantly over the last fifty years as it has relentlessly pursued economic value. It was forced to focus on value because a false distinction between the harms suffered by private citizens and celebrities seemingly left celebrities without a privacy claim for commercial use of their identities. But the normative case for awarding individuals the economic value of their identity is weak, since celebrities do not need additional incentive to invest in either their native skill or in developing a persona. Still, while the prevailing justification is inadequate, as …

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Book Review: September 11: Consequences For Canada, By Kent Roach, Margaret E. Beare Jan 2005

Book Review: September 11: Consequences For Canada, By Kent Roach, Margaret E. Beare

Osgoode Hall Law Journal

No abstract provided.

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The Effect Of Embedded Metacognitive Prompts And Probes On Students’ Awareness In A Multimedia Lesson For Elementary School Students, Wendy Janine Parcel Edd Jan 2005

The Effect Of Embedded Metacognitive Prompts And Probes On Students’ Awareness In A Multimedia Lesson For Elementary School Students, Wendy Janine Parcel Edd

Dissertations

In a study he called The Effect of Embedded Metacognitive Cues and Probes on Use of Learner Control Features in an On-line Lesson for Elementary Students, Watson (2001) found that minimal prompting by an online tutorial increased 5th grade students’ comprehension of how much they understood. While Watson’s findings demonstrated a significant difference in the ability of prompted and non-prompted students to accurately predict their own performance on posttests, actual scores were not greater than those of control students until the results were analyzed by gender. The purpose of this study was to replicate and extend Watson’s study to determine …

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Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad Jan 2005

Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad

Maryland Law Review

No abstract provided.

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The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin Jan 2005

The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin

Maryland Law Review

No abstract provided.

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A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin Jan 2005

A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin

Maryland Law Review

No abstract provided.

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Reconciling Data Privacy And The First Amendment, Neil M. Richards Jan 2005

Reconciling Data Privacy And The First Amendment, Neil M. Richards

Scholarship@WashULaw

This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …

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Continuity In The Absence Of Declarative Memory In Patients With Moderate Dementia Of The Alzheimer's Type, Scott Frederick Kaper Jan 2005

Continuity In The Absence Of Declarative Memory In Patients With Moderate Dementia Of The Alzheimer's Type, Scott Frederick Kaper

Electronic Theses and Dissertations

Objective: The standard paradigm of research into dementia of the Alzheimer's type (DAT) has yielded little in the way of effective patient treatment. Recent neuroscientific advances into the understanding of implicit memory have opened up new possibilities of patient care. The ontology developed within the existentialphenomenological (EP) tradition provided the best foundation for further research in this direction, toward restoring moderately impaired DAT patients to Erikson's last normative stage of development, gerotranscendence. Drawing from the EP tradition, the idea of continuity was developed for this research. Continuity is composed of four domains: postural modality, discourse, and the patient's focal relationships …

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Social Impact: Knowledge Monographs: The Question Of Questions: An Agenda For Social Work Practice Research, Enola K. Proctor, Frank Bruno Jan 2005

Social Impact: Knowledge Monographs: The Question Of Questions: An Agenda For Social Work Practice Research, Enola K. Proctor, Frank Bruno

Social Impact Publication

No abstract provided.

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Virginia Dental Journal (Vol. 82, No. 1, 2005) Jan 2005

Virginia Dental Journal (Vol. 82, No. 1, 2005)

Virginia Dental Journal

No abstract provided.

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Domestic And International Developments Relating To The Death Penalty: Introduction And Remarks, Sandra L. Babcock Jan 2005

Domestic And International Developments Relating To The Death Penalty: Introduction And Remarks, Sandra L. Babcock

Cornell Law Faculty Publications

In recent years, international law has played an increasingly prominent role in the development of death penalty jurisprudence in both domestic and international tribunals. In the United States, the citation of foreign jurisprudence by the Supreme Court in Roper v. Simmons and Atkins v. Virginia has generated an intense debate within the Court, Congress, and the media. In the Caribbean, decisions of the Judicial Committee of the Privy Council and the Inter-American Court on Human Rights have resulted in commutations of numerous death sentences. While abolitionists have celebrated these developments, the death penalty remains a popular sanction, and human rights …

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57th & Division Street Community Ownership Project, Brendan Buckley, Clark Henry, Stephen Shane, Simone C. Wolter Jan 2005

57th & Division Street Community Ownership Project, Brendan Buckley, Clark Henry, Stephen Shane, Simone C. Wolter

Master of Urban and Regional Planning Workshop Projects

HBU Consultants identify available resources in the region that could assist the clean up and redevelopment of the SE 57th and SE Division site, ascertained what kind of future use the community desires on this site, and evaluated sources of data to develop recommendations on how the DCOP could proceed. This project was conducted under the supervision of Deborah Howe, Sy Adler, and Connie Ozawa.

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Islam In Britain: Missiological Implications And Opportunities, Oscar Osindo Jan 2005

Islam In Britain: Missiological Implications And Opportunities, Oscar Osindo

Journal of Adventist Mission Studies

No abstract provided.

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Using Ceremonies To Disciple Oral Learners Among The Tribal People In Bangladesh, Roy C. Mcintyre Jan 2005

Using Ceremonies To Disciple Oral Learners Among The Tribal People In Bangladesh, Roy C. Mcintyre

ATS Dissertations

No abstract provided.

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'Global Civil Society': A Sceptical View, Kenneth Anderson, David Rieff Jan 2005

'Global Civil Society': A Sceptical View, Kenneth Anderson, David Rieff

Contributions to Books

American University, WCL Research Paper No. 2008-69 Abstract: The editors of the leading yearbook of global civil society studies offered to the authors of this article an opportunity to present a skeptical account of global civil society as the opening chapter in the 2004/5 yearbook. The article examines the standard account of global civil society as the transnational equivalent, in a globalized world, of civil society in a domestic society, and further as, in Kofi Annan's oft-repeated view, international NGOs as the representatives of the peoples of the world to international organizations such as the UN. The article attacks this …

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A Theoretical Proposal For Reaching Irreligious Czech People Through A Mission Revitalization Movement, Petr Cincala Jan 2005

A Theoretical Proposal For Reaching Irreligious Czech People Through A Mission Revitalization Movement, Petr Cincala

Journal of Adventist Mission Studies

No abstract provided.

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Adam Smith On The Inevitability Of Price Fixing, Arthur Austin Jan 2005

Adam Smith On The Inevitability Of Price Fixing, Arthur Austin

Case Western Reserve Law Review

No abstract provided.

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Keynote: Fair Use: Threat Or Threatened, Wendy J. Gordon Jan 2005

Keynote: Fair Use: Threat Or Threatened, Wendy J. Gordon

Case Western Reserve Law Review

No abstract provided.

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The Equality Trap: How Reliance On Traditional Civil Rights Concepts Has Rendered Title I Of The Ada Ineffective, James Leonard Jan 2005

The Equality Trap: How Reliance On Traditional Civil Rights Concepts Has Rendered Title I Of The Ada Ineffective, James Leonard

Case Western Reserve Law Review

No abstract provided.

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Protecting Against Terrorism Or Symbolic Politics: Fatal Flaws In Ohio's Criminal Terrorism Statute, Tasia E. Mcintyre Jan 2005

Protecting Against Terrorism Or Symbolic Politics: Fatal Flaws In Ohio's Criminal Terrorism Statute, Tasia E. Mcintyre

Case Western Reserve Law Review

No abstract provided.

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Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson Jan 2005

Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson

Case Western Reserve Law Review

No abstract provided.

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Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch Jan 2005

Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch

Case Western Reserve Law Review

No abstract provided.

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Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, Cecil J. Hunt Ii Jan 2005

Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, Cecil J. Hunt Ii

Case Western Reserve Law Review

No abstract provided.

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