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2005

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References To St. Augustine In The Works Of John Wesley, John C. English Jan 2005

References To St. Augustine In The Works Of John Wesley, John C. English

The Asbury Journal

No abstract provided.


A Phenomenal Understanding Of Law And The Nature Of Sin, James Danaher Jan 2005

A Phenomenal Understanding Of Law And The Nature Of Sin, James Danaher

The Asbury Journal

No abstract provided.


Communities Of Holiness, Communities Of The Spirit Developing And Ecclesial Conversation For Discipleship, Dean G. Blevins Jan 2005

Communities Of Holiness, Communities Of The Spirit Developing And Ecclesial Conversation For Discipleship, Dean G. Blevins

The Asbury Journal

No abstract provided.


Thinking Through The New Theism: A Pastoral Perspective, Tony Lee Richie Jan 2005

Thinking Through The New Theism: A Pastoral Perspective, Tony Lee Richie

The Asbury Journal

No abstract provided.


Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow Jan 2005

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Articles

The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …


The Sec At 70: Time For Retirement?, Adam C. Pritchard Jan 2005

The Sec At 70: Time For Retirement?, Adam C. Pritchard

Articles

As one grows older, birthdays gradually shift from being celebratory events to more reflective occasions. One's 40th birthday is commemorated rather differently from one's 2lst, which is, in turn, celebrated quite differently from one's first. After a certain point, the individual birthdays become less important and it is the milestone years to whch we pay particular attention. Sadly for entities like the Securities and Exchange Commission, it is only the milestone years (the ones ending in five or zero, for some reason), that draw any attention at all. No one held a conference to celebrate the SEC's 67th anniversary. Clearly …


Using Custom Transportation Data Collection Software With Handheld Computers For Education, Research, And Practice, Robert Bertini, Christopher Monsere, Andrew Byrd, Michael Rose, Tarek El-Seoud Jan 2005

Using Custom Transportation Data Collection Software With Handheld Computers For Education, Research, And Practice, Robert Bertini, Christopher Monsere, Andrew Byrd, Michael Rose, Tarek El-Seoud

Civil and Environmental Engineering Faculty Publications and Presentations

In an effort to facilitate data collection for research, give students first-hand experience collecting data for course projects, and generate interest in the transportation field through outreach, the Intelligent Transportation Systems Laboratory of Portland State University, Oregon, has developed custom data collection software for handheld computers using the Palm OS platform. The software is designed to export the collected data to desktop computers in common file formats suitable for analysis in spreadsheet and geographic information systems applications. Data collection problems addressed include recording position over time, recording geographic location of features, and performing cumulative vehicle or pedestrian counts.


All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah Jan 2005

All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah

Articles

This paper divides up the history of U.S. international taxation into four periods, on the basis of what was the basic theoretical principle underlying the major legislative enactments made in each period. The first period lasted from the adoption of the Foreign Tax Credit in 1918 to the end of the Eisenhower Administration, and was dominated by the concept of the right to tax as flowing from benefits conferred by the taxing state. The second period lasted from 1960 until the end of the Carter Administration, and was dominated by the concept of capital export neutrality and an emphasis on …


The Cyclical Transformations Of The Corporate Form: A Historical Perspective On Corporate Social Responsibility, Reuven S. Avi-Yonah Jan 2005

The Cyclical Transformations Of The Corporate Form: A Historical Perspective On Corporate Social Responsibility, Reuven S. Avi-Yonah

Articles

This article describes the transformations underwent by the corporate form from its Roman origins to the present. It shows that every time there was a shift in the role of the corporation, three theories of the corporation (the aggregate, artificial, and real entity theories) were brought forward in cyclical fashion. Every time, however, the real entity theory prevailed, and it was the dominant theory during periods ofstability in the relationship between the corporation, the shareholders, and the state. The article describes this evolution in detail, and then attempts to derive normative consequences for the legitimacy of corporate social responsibility (CSR). …


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 Sec At 70: Time For Retirement?, Adam C. Pritchard Jan 2005

The Sec At 70: Time For Retirement?, Adam C. Pritchard

Articles

The Article proceeds as follows. Part I explains the pathologies of the SEC and explores the relation between those pathologies and the SEC's status as an independent agency. Part II then outlines an alternative regulatory structure primarily situated within the executive branch. I also argue that such a relocation of authority would enhance regulatory effectiveness while simultaneously reducing the cost of excessive regulation. The Article concludes with some thoughts about the viability of my proposal.


The Right Of States To Repatriate Former Refugees, James C. Hathaway Jan 2005

The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …


Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn Jan 2005

Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn

Articles

Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the …


Central American-Dominican Republic Free Trade Agreement: Sources Of Information, Barbara H. Garavaglia Jan 2005

Central American-Dominican Republic Free Trade Agreement: Sources Of Information, Barbara H. Garavaglia

Articles

Globalization and fre trade are usually discussed in a political context in the United States as well as in other areas of the world. As a consequence, it can be difficult to find neutral, basic information about recent new trade agreements, such as the Central American-Dominican Republic Free Trade Agreement (CAFTA-DR), because much of the information found in the news or on the Web is polemical, and it takes time for the legal literature to provide the kind of legal analysis needed by practicing attorneys. This short piece is an attempt to provide links to free, Web-based information on CAFTA-DR …


How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar Jan 2005

How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar

Articles

Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …


A Defensin-Like Gene Expressed In The Black-Legged Tick, Ixodes Scapularis (Acari: Ixodidae), Wayne L. Hynes, S. M. Ceraul, S. M. Todd, K. C. Seguin, Daniel E. Sonenshine Jan 2005

A Defensin-Like Gene Expressed In The Black-Legged Tick, Ixodes Scapularis (Acari: Ixodidae), Wayne L. Hynes, S. M. Ceraul, S. M. Todd, K. C. Seguin, Daniel E. Sonenshine

Biological Sciences Faculty Publications

The black-legged tick Ixodes scapularis linnaeus (Acari: Ixodidae) is an important vector of microbial pathogens. Knowledge of the tick's innate immune response, particularly defensin and other antimicrobial peptides, is important for understanding how microbes survive in this tick. A defensin gene (slnA) from I. scapularis was obtained by reverse transcription-polymerase chain reaction (RT-PCR) using mRNA extracted from tissues of female ticks. RT-PCR indicated the gene was expressed in the midgut, haemocytes, and fat-body, although no evidence of a peptide was found. Sequencing a cloned cDNA fragment revealed a 225 bp open reading frame encoding a 74 amino acid pre-prodefensin, including …


Phytoplankton Development Within Tidal Freshwater Regions Of Two Virginia Rivers, Usa, Harold G. Marshall, Lubomira Burchardt Jan 2005

Phytoplankton Development Within Tidal Freshwater Regions Of Two Virginia Rivers, Usa, Harold G. Marshall, Lubomira Burchardt

Biological Sciences Faculty Publications

Phytoplankton composition and the range of seasonal patterns of abundance are presented for the tidal freshwater regions in two Virginia rivers based on data accumulated monthly from 1986 through 1999. Diatoms dominated the flora during spring, summer, and fall, whereas, other taxonomic categories were more representative when the river flow rates decreased, allowing for a more stable water system and increased residency time within this tidal region during summer and early fall. This summer/fall period was associated with increased water temperatures, higher productivity rates and chlorophyll levels, increased total phytoplankton abundance and species diversity. The major components of the summer …


In Vivo Role Of 20-Hydroxyecdysone In The Regulation Of The Vitellogenin Mrna And Egg Development In The American Dog Tick, Dermacentor Variabilis (Say), Deborah M. Thompson, Sayed M.S. Khalil, Laura A. Jeffers, Usha Ananthapadadmanaban, Daniel E. Sonenshine, Robert D. Mitchell, Christopher J. Osgood, Charles S. Apperson, R. Michael Roe Jan 2005

In Vivo Role Of 20-Hydroxyecdysone In The Regulation Of The Vitellogenin Mrna And Egg Development In The American Dog Tick, Dermacentor Variabilis (Say), Deborah M. Thompson, Sayed M.S. Khalil, Laura A. Jeffers, Usha Ananthapadadmanaban, Daniel E. Sonenshine, Robert D. Mitchell, Christopher J. Osgood, Charles S. Apperson, R. Michael Roe

Biological Sciences Faculty Publications

Injection of the hormone 20-hydroxyecdysone (20-E) into partially fed (virgin) female adults of the American dog tick, Dermacentor variabilis, while they are attached and feeding on the rabbit host, initiated the expression of the vitellogenin (Vg) gene, and Vg protein secretion and uptake by the ovary. The induction of egg production by 20-E in this bioassay was dose dependent in the range of 1-50 times the concentration normally found in a replete, vitellogenic female. Ticks examined 4d after the 50x treatment were still attached to the host, had numerous enlarged vitellin-filled (brown) oocytes in their ovaries, but had not …


Degrassi.Ca: Building A Fan Community Online, Mark Aaron Polger Jan 2005

Degrassi.Ca: Building A Fan Community Online, Mark Aaron Polger

Publications and Research

No abstract provided.


Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein Jan 2005

Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein

Faculty Scholarship

This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …


Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee Jan 2005

Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This article considers judicial regulation of excessive punishments through the Eighth Amendment.


Salmon At River's End: The Role Of The Estuary In The Decline And Recovery Of Columbia River Salmon, Daniel L. Bottom, Charles A. Simenstad, Jennifer Burke, Antonio M. Baptista, David A. Jay, Kim K. Jone, Edmundo Casillas, Michael H. Schiewe Jan 2005

Salmon At River's End: The Role Of The Estuary In The Decline And Recovery Of Columbia River Salmon, Daniel L. Bottom, Charles A. Simenstad, Jennifer Burke, Antonio M. Baptista, David A. Jay, Kim K. Jone, Edmundo Casillas, Michael H. Schiewe

Civil and Environmental Engineering Faculty Publications and Presentations

The continued decline of Columbia River salmon (Oncorhynchus spp.) populations has long focused concerns on habitat changes upriver, particularly the effects of large hydroelectric dams. Increasing evidence that ocean conditions strongly influence salmon production, however, has raised questions about the importance of the estuarine environment to salmon and whether the hydropower system has affected estuarine-rearing habitats. In response to Northwest Power Planning Council recommendations, we initiated a review of what is known about the effects of the hydroelectric system on the hydrology, habitats, and ecology of the Columbia River estuary. Our goal was to develop recommendations for improving estuarine conditions …


Estimation Of Columbia River Virgin Flow: 1879 To 1928, Pradeep K. Naik, David A. Jay Jan 2005

Estimation Of Columbia River Virgin Flow: 1879 To 1928, Pradeep K. Naik, David A. Jay

Civil and Environmental Engineering Faculty Publications and Presentations

The Columbia River has historically been a major source of economic activity for the Pacific Northwest, and is one of the more heavily modified rivers in the United States today. Understanding human and climate-induced changes in its hydrologic properties is, therefore, a topic of considerable interest. Long streamflow records are essential to determining how runoff has changed over time. Daily streamflow records of the Columbia River at The Dalles dates back to June 1978. However, the observed daily flow does not alone provide enough information to understand or separate anthropogenic and climate effects. It is necessary also to have an …


Poetry: I Am A Jew, Michael Gurian Jan 2005

Poetry: I Am A Jew, Michael Gurian

Journal of Hate Studies

Poem by Michael Gurian.


Do Unto Others: Extraordinary Acts Of Ordinary People, Robert N. Kraft Jan 2005

Do Unto Others: Extraordinary Acts Of Ordinary People, Robert N. Kraft

Journal of Hate Studies

In short, altruistic behavior is voluntary, unrewarded helping of another, with heroic altruism including a high degree of risk or self-sacrifice. Do Unto Others tells us that altruism begins in infancy as an innate predisposition and is nurtured in a healthy relationship with one’s parents. The concentric influences of peers, school, community, and society reinforce and expand the young person’s altruistic qualities, which can then become internalized “normocentric” values. To realize the force of these normocentric values, consider the reaction of two communities to the treatment of Ryan White, the courageous teenager who contracted AIDS from a transfusion of blood …


Hardware Software Synthesis Of A H.264 / Avc Baseline Profile Decoder, Stephen P. Joralemon Jan 2005

Hardware Software Synthesis Of A H.264 / Avc Baseline Profile Decoder, Stephen P. Joralemon

Theses

The latest video compression standard is a joint effort between ITU and MPEG known as H.264/AVC. As with any video compression standard the H.264/AVC uses computationally intensive algorithms to maximize performance. During decompression these algorithms must be applied in real-time, processing 30 frames a second. This can be done in software, specialized hardware, or a combination of the two. Software solutions allow for maximum portability and ease of design, but General Purpose Processors (GPP) can not take full advantage of the parallelizable algorithms that the H.264 decoder is based upon. Specialized hardware solutions, on the other hand, allow concurrent data …


Denial Of Service Attack Techniques: Analysis, Implementation And Comparison, Khaled M. Elleithy, Drazen Blagovic, Wang K. Cheng, Paul Sideleau Jan 2005

Denial Of Service Attack Techniques: Analysis, Implementation And Comparison, Khaled M. Elleithy, Drazen Blagovic, Wang K. Cheng, Paul Sideleau

School of Computer Science & Engineering Faculty Publications

A denial of service attack (DOS) is any type of attack on a networking structure to disable a server from servicing its clients. Attacks range from sending millions of requests to a server in an attempt to slow it down, flooding a server with large packets of invalid data, to sending requests with an invalid or spoofed IP address. In this paper we show the implementation and analysis of three main types of attack: Ping of Death, TCP SYN Flood, and Distributed DOS. The Ping of Death attack will be simulated against a Microsoft Windows 95 computer. The TCP SYN …


Irony And Organizations: Epistemological Claims And Supporting Field Stories, Ulla Johansson, Ed., Jill Woodilla, Ed. Jan 2005

Irony And Organizations: Epistemological Claims And Supporting Field Stories, Ulla Johansson, Ed., Jill Woodilla, Ed.

WCBT Faculty Publications

"Irony, in the writings of these scholars from different parts of the world, demonstrates once again that ""what"" we know is tenuous and at the same time closely intertwined with ""how"" we know and represent that knowledge. And while each chapter approaches irony from a slightly different angle, they share a common assumption - that irony can be used to enhance practice."


Feasibility And Timing Of The Euro Adoption By The New Eu Member States, Lucjan Orlowski Jan 2005

Feasibility And Timing Of The Euro Adoption By The New Eu Member States, Lucjan Orlowski

WCBT Faculty Publications

The 10 new member states are now facing the challenge of framing and implementing policies for adopting the euro. They are all bound by the EU Treaty to replace their national currencies with the euro at some future time as they were admitted to the Union with a derogation to this effect. In order to prepare adequately for entry to the euro area, the candidates need to undergo fiscal and monetary convergence. In principle, they should refrain from lax fiscal policies that could skew the eurozone policy mix by forcing the European Central Bank (ECB) to tighten monetary policy. They …


An Empirical Review Of Us Corporate Default Swap Valuation: The Implications Of Functional Forms, Kwamie Dunbar Jan 2005

An Empirical Review Of Us Corporate Default Swap Valuation: The Implications Of Functional Forms, Kwamie Dunbar

WCBT Faculty Publications

This paper first develops a reduced form three-factor model for valuing credit default premia that is used to provide implicit prices which are then compared with market prices of credit default swaps to determine if swap rates adequately reflects market risks. This model extends Jarrow (2001) two-factor model by adding three new features to enhance the effectiveness of the model and add to the growing debate on the empirical pricing of credit default swap and the effectiveness of reduce form models. Firstly, the extended model retains Jarrow's mean reverting properties but will be extended to be arbitrage free because of …