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2005

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Reading Owen's Between Reason And History: Habermas And The Idea Of Progress , Ali Rizvi Jan 2005

Reading Owen's Between Reason And History: Habermas And The Idea Of Progress , Ali Rizvi

Reconstruction: Studies in Contemporary Culture

[First paragraph]

From the start Habermas' work has been an attempt at synthesising certain core insights from Kant and Hegel, as it is clearly evident from the beginning chapters of his first major work Knowledge and Human Interest (KHI). In the structure of the book Marx's position is as the mediator of Kant and Hegel and all subsequent authors are considered in order to overcome the shortcomings of this Marxian mediation (KHI: chapter 1-11, Habermas, 1982: 239ff Cf. Kortian, 1980).


Review Of The Aesthetics Of Cultural Studies, By Michael Bérubé, 2005, David Banash Jan 2005

Review Of The Aesthetics Of Cultural Studies, By Michael Bérubé, 2005, David Banash

Reconstruction: Studies in Contemporary Culture

No abstract provided.


Ccl20/Macrophage Inflammatory Protein 3Α And Tumor Necrosis Factor Alpha Production By Primary Uterine Epithelial Cells In Response To Treatment With Lipopolysaccharide Or Pam3cys, M. A. Crane-Godreau, C. R. Wira Jan 2005

Ccl20/Macrophage Inflammatory Protein 3Α And Tumor Necrosis Factor Alpha Production By Primary Uterine Epithelial Cells In Response To Treatment With Lipopolysaccharide Or Pam3cys, M. A. Crane-Godreau, C. R. Wira

Dartmouth Scholarship

Having previously shown that CCL20/macrophage inflammatory protein 3 and tumor necrosis factor alpha (TNF-alpha) are released by polarized primary rat uterine epithelial cells (UEC) in response to Escherichia coli but not to Lactobacillus rhamnosus , we sought to determine if epithelial cells are responsive to pathogen-associated molecular patterns (PAMP), including lipopolysaccharide (LPS), lipoteichoic acid (LTA), and Pam 3 Cys, a bacterial lipoprotein analog. Epithelial cells were grown to confluence on Nunc cell culture inserts prior to apical treatment with PAMPs. In response to LPS, LTA, and Pam 3 Cys (EMC Microcollection GmbH, Tu ̈- bingen, Germany), CCL20 levels increased (4- …


A Review Of A Near Sympathy, #2, T. Canby Jones Jan 2005

A Review Of A Near Sympathy, #2, T. Canby Jones

Quaker Religious Thought

No abstract provided.


Response To Reviews On A Near Sympathy, Michael Birkel Jan 2005

Response To Reviews On A Near Sympathy, Michael Birkel

Quaker Religious Thought

No abstract provided.


A Review Of The Tendering Presence, 2, T. Canby Jones Jan 2005

A Review Of The Tendering Presence, 2, T. Canby Jones

Quaker Religious Thought

No abstract provided.


Quaker Religious Thought -- Issues 51-100, Susan Jeffers Jan 2005

Quaker Religious Thought -- Issues 51-100, Susan Jeffers

Quaker Religious Thought

No abstract provided.


Qrt- Back Issues List [1-80], Qrt Editor Jan 2005

Qrt- Back Issues List [1-80], Qrt Editor

Quaker Religious Thought

No abstract provided.


Contributors -- Quaker Religious Thought, Nos. 105, Paul Anderson Jan 2005

Contributors -- Quaker Religious Thought, Nos. 105, Paul Anderson

Quaker Religious Thought

No abstract provided.


Spectroscopy Of Kiss Emission-Line Galaxy Candidates. Iii. A Second Set Of Mdm Observations, Anna Jangren, Gary Wegner, John J. Salzer, Jessica K. Werk, Caryl Gronwall Jan 2005

Spectroscopy Of Kiss Emission-Line Galaxy Candidates. Iii. A Second Set Of Mdm Observations, Anna Jangren, Gary Wegner, John J. Salzer, Jessica K. Werk, Caryl Gronwall

Dartmouth Scholarship

Spectroscopic observations for 315 emission-line galaxy (ELG) candidates from the KPNO International Spectroscopic Survey (KISS) have been obtained using the MDM Observatory 2.4 m telescope on Kitt Peak. KISS is a wide-field objective-prism survey for extragalactic emission-line objects that has cataloged over 2200 ELG candidates to date. Spectroscopic follow-up observations are being carried out to study the characteristics of the survey objects. The observational data presented here include redshifts, reddening estimates, line equivalent widths, Hα line fluxes, and emission-line ratios. The galaxies have been classified based on their emission-line characteristics. The procedure for selecting the ELG candidates in KISS is …


The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Wright Guthrie, Tracey E. George Jan 2005

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Wright Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).


Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais Jan 2005

Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.


Waging War: Japan's Constitutional Constraints, John O. Haley Jan 2005

Waging War: Japan's Constitutional Constraints, John O. Haley

Vanderbilt Law School Faculty Publications

Both electoral results and public opinion polls have long revealed what most observers have viewed as a paradox if not a contradiction. By significant majorities, the Japanese people appear to oppose any revision of article 9, but support the SDF and their deployment with legislative sanction. The seemingly antithetical aspects of these views can be reconciled if one accepts the proposition that the public is willing to allow an armed force but only within parameters that are still ill-defined. So long as article 9 remains, the government is constrained by the need for legislative approval and at least potential judicial …


What Is Corporate Law's Place In Promoting Societal Welfare?: An Essay In Honor Of Professor William Klein, Randall Thomas Jan 2005

What Is Corporate Law's Place In Promoting Societal Welfare?: An Essay In Honor Of Professor William Klein, Randall Thomas

Vanderbilt Law School Faculty Publications

This is a short essay on what should be the fundamental criterion used to evaluate corporate law. I argue that the overall goal of good corporate law should be to assist private parties to create wealth for themselves and the economy in a manner that does not inflict uncompensated negative externalities upon third parties. Private businesses that produce goods and services should be encouraged by the state because creating greater wealth is generally beneficial to society. Corporate law can act as a helpful precondition for faster economic growth by protecting the parties' expectations, encouraging savings and investment, reducing transaction costs, …


Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh Jan 2005

Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit community to impose sanctions for failure to change? Because private individuals and households are now surprisingly large contributors to environmental problems ranging from toxic pollution to climate change, environmental policy makers face compelling examples of these negative-payoff, loose-knit group situations. This Article suggests that internalized personal norms, rather than social norms, are the most important initial target of opportunity for influencing this kind of behavior.

Drawing …


Lifelong Learning For Older Persons In Hong Kong, Sze Sze, Stephanie Hui Jan 2005

Lifelong Learning For Older Persons In Hong Kong, Sze Sze, Stephanie Hui

Lingnan Theses

Lifelong learning (LL) has been widely regarded as one of the activities that can enhance well-being of the society and benefit older persons in terms of psychological, physical, mental, and cognitive well-being. In foreign countries like the Unites States of America, the United Kingdom, Finland, France, Australia, and also China, LL among older persons had been developed successfully. Hong Kong, in contrast, has no systematic planning for the development of LL even though the aged population is increasing rapidly. This research aims at constructing a LL model for older persons in Hong Kong. The theoretical framework of study focused on …


Older Mothers' Expectations Of Intergenerational Relationships : The Intergenerational Ambivalence Perspective, Sze Wing Yan Jan 2005

Older Mothers' Expectations Of Intergenerational Relationships : The Intergenerational Ambivalence Perspective, Sze Wing Yan

Lingnan Theses

With the effects of social changes, family values have changed and tensions and contradictions are probably more likely to occur among family members. According to the intergenerational ambivalence perspective, intergenerational relationships are inherently structured so as to generate ambivalence. Ambivalence means the contradictions in the relationships between older parents and adult children that cannot be reconciled. Individuals are expected to use various strategies in their attempts to manage ambivalence at least temporarily.

Older women, who often have different life experiences than older men given the influence of traditional Chinese culture, are the focus of this research. The present study aims …


香港老年保障制度改革模式, Xuemei Wang Jan 2005

香港老年保障制度改革模式, Xuemei Wang

Lingnan Theses

1971年,香港已經建立了綜合援助計劃,以幫助貧困長者,並在2000年12月開始執行強積金計劃。從目前的情況來看,香港已經建立多支柱的老年保障體系,SSA和CSSA為長者提供基本生活保障,MPF制度為正規部門的就業人員提供年金保障,ORSO制度為正規部門就業人員提供額外保險。但此體系還相當的不完善,並不能給長者提供足夠的、可承受和可持續的養老金。

因此,面對日益嚴重的人口老齡化和老年貧困問題,香港老年保障制度也面臨極大的資金壓力,並處於老年保障支出越來越多,老年貧困問題制度越來越嚴重的尷尬局面。本次研究針對這些突出問題,結合國際老年保障制度改革的經驗,並根據香港實際情況,提出適合香港本身的老年保障制度模式,即提高MPF繳費率,擴大繳費基數,改革個人賬戶積累發放辦法,並將SSA由全民平均津貼制改為收入調查津貼制。

本文運用世界銀行開發的PROST軟件,從精算的角度進行具體成本分析。通過對未來70年的成本預測,以及與現制度的成本比較,以判斷此改革模式是否具有長期財務可持續性和可行性。通過此次研究,希望能為香港的老年保障制度提供一個雙嬴的方案,既可提供長期的老年保障資金支持,又可促進經濟持續發展。


Recollection Bias And The Combat Of Terrorism, W. Kip Viscusi, Richard J. Zeckhauser Jan 2005

Recollection Bias And The Combat Of Terrorism, W. Kip Viscusi, Richard J. Zeckhauser

Vanderbilt Law School Faculty Publications

Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk assessments. More than half of the respondents exhibited what we label "recollection bias": looking backward from 2002, 2003, or 2004, they reported that their forward-looking risk assessments did not rise after September 11. However, government expenditures and policies and evidence from insurance markets suggest that there were major risk increases in estimated risks. Respondents were generally witting to support airplane passenger profiling when the time costs of …


The Statutory President, Kevin M. Stack Jan 2005

The Statutory President, Kevin M. Stack

Vanderbilt Law School Faculty Publications

American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of judicial review should apply to claims of statutory authority made by the president and federal administrative agencies. This argument rejects the position that the president's constitutional powers should shape the question of statutory interpretation presented when the president claims that a statute authorizes his actions. Once statutory review is separated from consideration of the president's constitutional powers, the courts should insist, as they …


The Civilization Of The Criminal Law, Christopher Slobogin Jan 2005

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to …


Politics And Judgment, Suzanna Sherry Jan 2005

Politics And Judgment, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modern Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. This essay, part of a larger book project with Daniel Farber, provides one explanation of the source of the hostility, defends judicial review against its critics, …


The Meaning Of Value: Assessing Just Compensation For Regulatory Takings, Christopher Serkin Jan 2005

The Meaning Of Value: Assessing Just Compensation For Regulatory Takings, Christopher Serkin

Vanderbilt Law School Faculty Publications

This Article argues that valuing compensation provides just such a window into deeper theories of takings, revealing a host of considerations that map on to specific approaches to takings law. 4 Moreover, compensation rules properly applied can advance the substantive goals of various takings regimes. At the least, since the range of monetary values that can be assigned to takings claims corresponds to diverse social values, compensation rules should be applied consistently with core constitutional values. This Article therefore argues that the adequacy of compensation cannot be determined in the abstract but must rather be judged by how effectively a …


Structural Study Of Disease Related Proteins, Ayse Sinem Ozyurt Jan 2005

Structural Study Of Disease Related Proteins, Ayse Sinem Ozyurt

Electronic Theses and Dissertations

The availability of complete sequences for the genomes of many organisms changes the researcher's attention from genome sequencing to finding the function of gene products, the proteins. The three dimensional (3D) structure of a protein is helpful to understand its function, because tertiary structure is more conserved in evolution than sequence. The 3D structures can be found quickly by using high-throughput (HT) methods for protein expression, purification, characterization and structure determination. This process is very challenging in every step. Therefore we selected nearly 200 cancer related proteins as targets to see the difficulties in trying to determine the web predicted …


Physical And Behavioral Complaints In Children With Attention-Deficit/Hyperactivity Disorder (Adhd): Paradoxical Effects Of Methylphenidate, Maria M. Coiro Jan 2005

Physical And Behavioral Complaints In Children With Attention-Deficit/Hyperactivity Disorder (Adhd): Paradoxical Effects Of Methylphenidate, Maria M. Coiro

Electronic Theses and Dissertations

Hypotheses concerning paradoxical, psychostimulant-related side effects experienced by ADHD children were examined in the context of a double-blind, placebo-controlled, within subject (crossover) experimental design. Results revealed that behavioral and physical complaints were significantly higher under baseline relative to placebo and the four methylphenidate (MPH) conditions (5-mg, 10-mg, 15-mg, 20-mg) across three symptom categories: ADHD core/secondary symptoms, symptoms common to all children, and symptoms highly specific to MPH. No significant differences were found among active drug conditions. Implications of these findings for assessing and monitoring potential treatment emergent symptoms in children are discussed.


Choice Of Law For Internet Transactions: The Uneasy Case For Online Consumer Protection, Erin O'Connor Jan 2005

Choice Of Law For Internet Transactions: The Uneasy Case For Online Consumer Protection, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can and often does take the form of categorical avoidance of other unknown vendors. This avoidance of unknown vendors as a class results from the fact that trust and distrust, as cognitive phenomena, are subject to the same biases and limitations as are other cognitive phenomena. Unknown vendors often are willing to incur some costs to signal their trustworthiness to individual consumers. Unless the other …


Victim Participation In The Criminal Process, Erin O'Connor Jan 2005

Victim Participation In The Criminal Process, Erin O'Connor

Vanderbilt Law School Faculty Publications

This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming and will continue to be a reality of our criminal justice process. Too often law professors feel content to dogmatically insist that crimes are wrongs committed against the public rather than an individual and that, therefore, victim involvement in criminal cases beyond the potential witness capacity is inappropriate.' 8 Contrary to their assertions, however, victims have been involved in the disposition of criminal cases for much …


The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Tracey E. George, Chris Guthrie Jan 2005

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).


Constructing Reality: Social Science And Race Cases, Beverly I. Moran Jan 2005

Constructing Reality: Social Science And Race Cases, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education and Grutter v. Bollinger all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must understand the nature of the societies that they attempt to persuade and the language that leads judges to change their ways of thinking. In the early 21st century, the language of persuasion is often the language of social science.


Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King Jan 2005

Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King

Vanderbilt Law School Faculty Publications

Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines sentence that would otherwise apply to the defendant's conduct, as well as statutes that authorize a sentence lower than the minimum Guidelines sentence that would otherwise apply ("safety valve," "substantial assistance," and Rule 35 reductions). By creating these additional provisions and then removing any effective judicial oversight of their application, Congress has expanded the opportunities for prosecutors to decide when to opt out of the national Guidelines and when to abide …