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2005

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Articles 2191 - 2220 of 70119

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Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor Dec 2005

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.


Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds Dec 2005

Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds

West Virginia Law Review

No abstract provided.


Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii Dec 2005

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.


Excessive Compensation In Publicly Held Corporations: Is The Doctrine Of Waste Still Applicable, John W. Murrey Iii Dec 2005

Excessive Compensation In Publicly Held Corporations: Is The Doctrine Of Waste Still Applicable, John W. Murrey Iii

West Virginia Law Review

No abstract provided.


Introduction, Horacio Spector Dec 2005

Introduction, Horacio Spector

Chicago-Kent Law Review

No abstract provided.


Kant On "Why Must I Keep My Promise?", B. Sharon Byrd, Joanchim Hruschka Dec 2005

Kant On "Why Must I Keep My Promise?", B. Sharon Byrd, Joanchim Hruschka

Chicago-Kent Law Review

This Article claims that for Kant a contractual obligation generates a universal right, meaning a right against everyone. Accordingly, a right to performance of a contract is more similar to a right in rem than to a right in personam, and failing to perform a contract is more similar to theft than to moral failure to do as promised. Part I shows that for Kant accepting a promise means taking possession of the promisor's choice to commit an act in the future. Part II explains why it is possible to acquire someone else's choice and how one does so in …


Rational Choice And Reasonable Interactions, Bruce Chapman Dec 2005

Rational Choice And Reasonable Interactions, Bruce Chapman

Chicago-Kent Law Review

Game theory probably offers the most well-known account of how rational agents interact in strategic situations. The rational thought processes that are involved, while enormously sophisticated, remain very private for each agent. Less well known is the alternative account that is offered by law and legal theory, an account where agents interact, and understand their interaction, under the idea of public (or objective) reasonableness. This Article argues, using some simple examples, that the legal account does better than the game theoretic account in explaining the actual levels of cooperation and coordination we observe across rational individuals in strategic situations.


A Contractarian Approach To Unconscionability, Horacio Spector Dec 2005

A Contractarian Approach To Unconscionability, Horacio Spector

Chicago-Kent Law Review

In this paper I discuss two nonpaternalistic defenses of the doctrine of unconscionability in contract law. The first approach, proposed by Seana Shiffrin, relies on the moral ban to collaborate with other agents' immoral plans. Because this prohibition falls also on the judge, she must refrain from enforcing unfair or exploitative contracts. The second approach regards the unconscionability doctrine as one limitation on freedom of contract that rational contractors would choose in the course of adopting the fundamental terms of social cooperation. I assess the implications and merits of the two approaches. 'The contractarian approach is capable of justifying procedural …


Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case Dec 2005

Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case

Chicago-Kent Law Review

SUV rollover crashes have been well-publicized and thoroughly litigated. Less attention has been paid to the lethal risks created by SUVs—particularly the latest "behemoth" SUVs like Hummers—to the occupants of other vehicles and pedestrians. Due to the design of SUVs, which are stiffer, heavier, and ride higher than cars, a collision between an SUV and a passenger car often results in catastrophic damage and injury to the occupants of the car, particularly when an SUV strikes a car broadside. Moreover, the design features of SUVs that create these dangers provide no utility or value to society. The "benefit" provided by …


It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act Of 1995, Matthew C. Oesterle Dec 2005

It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act Of 1995, Matthew C. Oesterle

Chicago-Kent Law Review

The Federal Trademark Dilution Act ("FTDA") has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, …


Enclave In A Small Town: The Irish In Norwood, Massachusetts, Patricia J. Fanning Dec 2005

Enclave In A Small Town: The Irish In Norwood, Massachusetts, Patricia J. Fanning

Bridgewater Review

No abstract provided.


Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni Dec 2005

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.


Infection Of An Invasive Frog Eleutherodactylus Coqui By The Chytrid Fungus Batrachochytrium Dendrobatidis In Hawaii, Karen H. Beard, Eric M. O'Neill Dec 2005

Infection Of An Invasive Frog Eleutherodactylus Coqui By The Chytrid Fungus Batrachochytrium Dendrobatidis In Hawaii, Karen H. Beard, Eric M. O'Neill

Wildland Resources Faculty Publications

The chytrid fungus Batrachochytrium dendrobatidis has contributed to declines and extinctions of amphibians worldwide. B. dendrobatidis is known to infect the frog Eleutherodactylus coqui in its native Puerto Rico. E. coqui was accidentally introduced into Hawaii in the late 1980s, where there are now hundreds of populations. B. dendrobatidis was being considered as a biological control agent for E. coqui because there are no native amphibians in Hawaii. Using a DNA-based assay, we tested 382 E. coqui from Hawaii for B. dendrobatidis and found that 2.4% are already infected. We found infected frogs in four of 10 study sites and …


The Word N The Beat (2005), Oberlin College Theater And Dance Program Dec 2005

The Word N The Beat (2005), Oberlin College Theater And Dance Program

Season 2005-2006

No abstract provided.


Speleo Spiel, No. 351, November-December 2005, Alan Jackson Dec 2005

Speleo Spiel, No. 351, November-December 2005, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff


Outstanding Manuscript Awards, Richard A. Walter Dec 2005

Outstanding Manuscript Awards, Richard A. Walter

Journal of STEM Teacher Education

No abstract provided.


Under Review: Globalizing Education For Work: Comparative Perspectives On Gender And The New Economy, Jessie M. Hayden Dec 2005

Under Review: Globalizing Education For Work: Comparative Perspectives On Gender And The New Economy, Jessie M. Hayden

Journal of STEM Teacher Education

No abstract provided.


Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen Dec 2005

Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.


Big Brother Is Watching: How Employee Monitoring In 2004 Brought Orwell's 1984 To Life And What The Law Schould Do About It, Jill Yung Dec 2005

Big Brother Is Watching: How Employee Monitoring In 2004 Brought Orwell's 1984 To Life And What The Law Schould Do About It, Jill Yung

Seton Hall Law Review

No abstract provided.


Solomon Huebner And The Development Of Life Insurance Sales Professionalism, 1905-1927, Drew Vandecreek Dec 2005

Solomon Huebner And The Development Of Life Insurance Sales Professionalism, 1905-1927, Drew Vandecreek

Faculty Articles, Papers, and Other Scholarship

In 1927 the National Association of Life Underwriters collaborated with Professor Solomon Huebner of the University of Pennsylvania to found the American College of Life Underwriters, an institution devoted to establishing and maintaining professional standards for the nation's life insurance salesmen. Their work sheds light on the new politics of expertise and associations that emerged in the 1920s. While many historians have portrayed the period's experts as purveyors of new, technical knowledge and apolitical agents of an inevitable modernity, Huebner in fact brought little real knowledge of insurance to his work. Instead, he introduced the industry's prevailing ideology of public …


Review Of: Forests In Time: The Environmental Consequences Of 1,000 Years Of Change In New England, Review Of: Sightseeking: Clues To The Landscape History Of New England, Kent C. Ryden Dec 2005

Review Of: Forests In Time: The Environmental Consequences Of 1,000 Years Of Change In New England, Review Of: Sightseeking: Clues To The Landscape History Of New England, Kent C. Ryden

American and New England Studies [Discontinued]

The article reviews the books "Forests in Time: The Environmental Consequences of 1,000 Years of Change in New England," edited by David R. Foster and John D. Aber and "Sightseeing: Clues to the Landscape History of New England," Christopher J. Lenney.


Table Of Contents - Issue 1, Chicago-Kent Law Review Dec 2005

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


Natural Rights And Two Conceptions Of Promising, Peter Vallentyne Dec 2005

Natural Rights And Two Conceptions Of Promising, Peter Vallentyne

Chicago-Kent Law Review

Does one have an obligation to keep one's promises? I answer this question by distinguishing between two broad conceptions of promising. On the normativized conception of promising, a promise is made when an agent validly offers to undertake an obligation to the promisee to perform some act (i.e., give up a liberty-right in relation to her) and the promisee validly accepts the offer. Keeping such promises is morally obligatory by definition. On the non-normativized conception, the nature of promising does not conceptually entail any connection with the obligation to keep promises. A promise might be understood, for example, as an …


Does Today's International Trade Agreement Bind Tomorrow's Citizen?, Gopal Sreenivasan Dec 2005

Does Today's International Trade Agreement Bind Tomorrow's Citizen?, Gopal Sreenivasan

Chicago-Kent Law Review

Focusing on the example of the General Agreement on Trade in Services (GATS), this Article begins by describing an important analogy between domestic Bills of Rights and enforceable international trade agreements. Both effectively disable the majority in later generations from certain exercises of its domestic legislative power. While there is some kind of democratic presumption against disabling the majority in any generation from exercising domestic legislative power, various argumentative strategies have been employed to defeat this presumption in the domestic constitutional case. This Article reviews these strategies and argues next that they cannot be generalized to the case of international …


Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller Dec 2005

Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller

Chicago-Kent Law Review

Individuals convicted of a felony lose the right to vote at least temporarily in most states, and ex-felons are disenfranchised for life in seventeen states. There are often procedures by which ex-felons may regain the right to vote in the lifetime disenfranchisement states, but the procedures vary widely and are often unclear and unrealistic. The right to vote is fundamental once provided by a state, and wealth discrimination coupled with a fundamental right merits strict scrutiny. While ex-felon disenfranchisement may be constitutional, once a state provides a procedure by which ex-felons may regain the right to vote, that procedure must …


Editor's Notebook: "Remembering The Ladies", Michael Kryzanek Dec 2005

Editor's Notebook: "Remembering The Ladies", Michael Kryzanek

Bridgewater Review

No abstract provided.


Cultural Commentary: Ted, Terrell And Angie And The Limits Of Sociopathy, William C. Levin Dec 2005

Cultural Commentary: Ted, Terrell And Angie And The Limits Of Sociopathy, William C. Levin

Bridgewater Review

No abstract provided.


Table Of Contents - Issue 1, North Carolina Law Review Dec 2005

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.


2005 Vol. 54 No. 3, Cleveland-Marshall College Of Law Dec 2005

2005 Vol. 54 No. 3, Cleveland-Marshall College Of Law

2000s

No abstract provided.


Effect Of Gender On Lower Extremity Kinematics During Rapid Direction Changes: An Integrated Analysis Of Three Sports Movements, S. G. Mclean, K. B. Walker, Antonie J. Van Den Bogert Dec 2005

Effect Of Gender On Lower Extremity Kinematics During Rapid Direction Changes: An Integrated Analysis Of Three Sports Movements, S. G. Mclean, K. B. Walker, Antonie J. Van Den Bogert

Mechanical Engineering Faculty Publications

Anterior cruciate ligament (ACL) injury is a common sports injury, particularly in females. Gender differences in knee kinematics have been observed for specific movements, but there is limited information on how these findings relate to other joints and other movements. Here we present an integrated analysis of hip, knee and ankle kinematics across three movements linked to non-contact ACL injury. It was hypothesised that there are gender differences in lower extremity kinematics, which are consistent across sports movements. Ten female and ten male NCAA basketball players had three-dimensional hip, knee and ankle kinematics quantified during the stance phase of sidestep, …