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2005

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The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Oct 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Vanderbilt Law School Faculty Publications

The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy …


How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman Oct 2005

How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority to issue such interpretations with "the force of law." The Court did not define "force of law," and thus did not determine what type of agency procedures fit within Mead. Four years have passed since the Court decided Mead, and despite numerous Court of Appeals decisions, we still do not know when an agency is entitled to Chevron deference for interpretations issued through procedures less formal than …


Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum Oct 2005

Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there. Apart from this international market, legal and policy aspects of art and cultural property have a distinctly international flavor due to historical circumstance. Since many works over time have been removed from their source by way of conquest, …


Toward A Common Law Of Ecosystem Services, J.B. Ruhl Oct 2005

Toward A Common Law Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law doctrine as is often proposed in environmental literature on the common law, ecosystem services can fold seamlessly into existing common law principles as a source of new knowledge and changed circumstances.


Pioneering Change In The Centennial Year, Claire M. Germain Oct 2005

Pioneering Change In The Centennial Year, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Testing Jury Reforms, Valerie P. Hans, B. Michael Dann, David H. Kaye, Erin J. Farley, Stephanie Albertson Oct 2005

Testing Jury Reforms, Valerie P. Hans, B. Michael Dann, David H. Kaye, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

DNA evidence has become a key law enforcement tool and is increasingly presented in criminal trials in Delaware and elsewhere. The integrity of the criminal trial process turns upon the jury's ability to understand DNA evidence and to evaluate properly the testimony of experts. How well do they do? Can we assist them in the process?


Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications Oct 2005

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Fall 2005, Vol. 43, No. 3; No. 163


Design Of Multistep Aging Treatments Of 2099 (C458) Al-Li Alloy, M. Romios, R. Tiraschi, C. Parrish, H. W. Babel, J. Ogren, Omar S. Es-Said Oct 2005

Design Of Multistep Aging Treatments Of 2099 (C458) Al-Li Alloy, M. Romios, R. Tiraschi, C. Parrish, H. W. Babel, J. Ogren, Omar S. Es-Said

Mechanical Engineering Faculty Works

Multistep artificial aging treatments coupled with various natural aging times for aluminum lithium 2099 alloy (previously called C458) are discussed to obtain mechanical tensile properties in the T6 condition that match those in the T861 condition, having a yield strength in the range of 414-490 MPa (60-71 ksi), an ultimate strength in the range of 496-538 MPa (72-78 ksi), and 10-13% elongation. Yield and ultimate tensile strengths from 90-100% of the strength of the as-received material (in the T861 condition) were obtained. The highest tensile strengths were consistently obtained with two-step, low-to-high temperature artificial aging treatments consisting of a first …


Windshield, Emily Stanfill Oct 2005

Windshield, Emily Stanfill

Inscape

No abstract provided.


Table Of Contents And Masthead (V. 47, No. 1) Oct 2005

Table Of Contents And Masthead (V. 47, No. 1)

William & Mary Law Review

No abstract provided.


Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson Oct 2005

Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson

William & Mary Law Review

No abstract provided.


An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock Oct 2005

An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock

William & Mary Law Review

No abstract provided.


A Boy's Dream, Dan Dunn Oct 2005

A Boy's Dream, Dan Dunn

Inscape

No abstract provided.


Florence #2, Chloë James Oct 2005

Florence #2, Chloë James

Inscape

No abstract provided.


Dust Of The Earth, Brenda Mckenna Oct 2005

Dust Of The Earth, Brenda Mckenna

Inscape

No abstract provided.


Learning The Ropes: Cooperation In Chinese Authority Work, Maria Lau, Owen Tam, Patrick Lo Oct 2005

Learning The Ropes: Cooperation In Chinese Authority Work, Maria Lau, Owen Tam, Patrick Lo

Journal of East Asian Libraries

No abstract provided.


Such Small Hands, Chloë James Oct 2005

Such Small Hands, Chloë James

Inscape

No abstract provided.


Pater Noster, Chloë James Oct 2005

Pater Noster, Chloë James

Inscape

No abstract provided.


Hunger Song, Aaron R. Allen Oct 2005

Hunger Song, Aaron R. Allen

Inscape

No abstract provided.


Rome #5, Chloë James Oct 2005

Rome #5, Chloë James

Inscape

No abstract provided.


Blooms, Tom Reese Oct 2005

Blooms, Tom Reese

Inscape

No abstract provided.


A New Model For Heat Dissipation In A Data Center., Karthikeyan Ragunathan Oct 2005

A New Model For Heat Dissipation In A Data Center., Karthikeyan Ragunathan

Student Work

Current data centers are designed to provide cooling systems on the basis of power consumption of all IT equipments divided by the total data center floor spaces or divided by area covered by the IT rack enclosures and their clearances. But uniform power density is not a real scenario in data centers, where some racks draw more power & consequently generate more heat than others. This project approaches a creative solution providing a better feasible model for heat dissipation.


The Classic, Fall 2005, Public Relations Oct 2005

The Classic, Fall 2005, Public Relations

The Classic, 2000-2009

President's Report: A New Way to Do College?; NWC enrolls second largest class of freshmen; Smallbones selected for endowed professorship; NWC ranked 20th by U.S. News; Chapel, student residences receive summer improvements; New visual identity introduced; Nine bring skills to NWC faculty: Laurie Daily, Mark De Ruyter '94, Dr. Heather Josselyn-Cranson, Amy McCann, Kristin McDonald, Dr. Jerry Nachtwey, Phil Scorza, Dr. Rod Spidahl, Dr. Ruth Dankanich Daumer; Faculty/staff news; De Jong joins development staff; Princeton Review recognizes Northwestern; Estate gift benefits college, church, community; Alum joins board; Theatre building wins another award; Northwestern responds to Hurricane Katrina; Face Value: …


Cecelia Ann Wilder Huff Oct 2005

Cecelia Ann Wilder Huff

African American Funeral Programs

No abstract provided.


Should Tort Damages Be Multiplied?, Keith N. Hylton, Thomas J. Miceli Oct 2005

Should Tort Damages Be Multiplied?, Keith N. Hylton, Thomas J. Miceli

Faculty Scholarship

The notion that damages should be multiplied by the reciprocal of the probability of punishment is one of the basic lessons of the law and economics literature. However, the simple l/p" multiplier turns out be inapplicable in the civil damages setting. The multiplier that brings about first-best deterrence must be chosen by striking a balance between the supply of lawsuits and the need to internalize costs. Moreover, given the costs of litigation, a multiplier that minimizes overall social costs (in contrast to achieving first-best deterrence) may need to be set at a level that effectively bars many claims. This article …


Raymond Lee Oct 2005

Raymond Lee

African American Funeral Programs

No abstract provided.


Insecure Retirement Income, Wrongful Plan Administration And Other Employee Benefits Woes — Evaluating Erisa At Age Thirty, Maria O'Brien Oct 2005

Insecure Retirement Income, Wrongful Plan Administration And Other Employee Benefits Woes — Evaluating Erisa At Age Thirty, Maria O'Brien

Faculty Scholarship

Book Review of The Employee Retirement Income Security Act of 1974: A Political History by James A. Wooten.

Goeres and the many other recent cases like it10 are remarkable after Mertens and Great West, both for the persistence of the ERISA plaintiff's bar in trying to find ways to obtain make-whole relief in egregious cases and for the continued refusal of Congress to amend ERISA to provide adequate make-whole remedies."11 A patently unjust and inefficient legal regime continues to replicate itself again and again. Conduct that clearly constitutes breach of fiduciary duty, negligent plan administration or worse, …


Octc2005, Robert Kelly Oct 2005

Octc2005, Robert Kelly

Robert Kelly Manuscripts

From October 2005 Robert Kelly Archive.


Octd2005, Robert Kelly Oct 2005

Octd2005, Robert Kelly

Robert Kelly Manuscripts

From October 2005 Robert Kelly Archive.


Octe2005, Robert Kelly Oct 2005

Octe2005, Robert Kelly

Robert Kelly Manuscripts

From October 2005 Robert Kelly Archive.