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2006

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Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald Jan 2006

Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald

Fordham International Law Journal

This Note examines whether amendment of the ITS charter is necessary to effectuate researcher access, or whether, as a matter of international law, in its capacity as an international organization (“IO”), the ITS can allow access without amendments. Addressing this question implicitly raises two collateral issues that inform the discussion. First, to what degree should an IO Member State's domestic legal framework dictate that State's position in a consensus-based IO decision-making process. Second, when changes in the global political context render an existing IO legal structure ill-suited to an IO's evolving mission, to what degree is it appropriate to re-interpret …

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A Tribute To Judge Bo Vesterdorf, Roger J. Goebel Jan 2006

A Tribute To Judge Bo Vesterdorf, Roger J. Goebel

Fordham International Law Journal

Judge Bo Vesterdorf retires this fall after serving as Judge on the Court of First Instance (“CFI”) since its inauguration on September 25, 1989, acting as its President for three successive terms since 1998. It is accordingly highly appropriate that the editors of the Fordham International Law Journal (“ILJ”) should dedicate this annual issue devoted to European Union (“EU”) law to Judge Vesterdorf as an eminent jurist who has significantly contributed to the development of the CFI's jurisprudence, and also provided able pragmatic leadership as its presiding judge. The ILJ can be considered to act on behalf of the entire …

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Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky Jan 2006

Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky

Fordham International Law Journal

Discussion in this Essay is designed to explore recently introduced efficiency considerations and to compare developing law in the United States and the European Union. The following sections discuss why incorporation of efficiency factors has been controversial, explore efficiency analysis in connection with mergers under U.S. law, explore comparable developments in EU law, and, finally, offer a comparison of developments in the two jurisdictions.

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Some Reflections On The Notion Of "State Resources" In European Community State Aid Law, Andrea Biondi Jan 2006

Some Reflections On The Notion Of "State Resources" In European Community State Aid Law, Andrea Biondi

Fordham International Law Journal

In this Article the author givesPart I of this Article goes through a brief overview of the contours of state aid in the European Union. Part II is devoted to a specific aspect of the acquis communitaire. As it is well known, Article 87 [of the European Community Treaty] identifies the five preconditions for a State measure to be defined as aid: Transfer of State resources, advantage, selectivity, distortion of competition, and effect on intra-Community trade. The reflections in this Part is confined to the first of those conditions.

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Unclos And The Arctic: The Path Of Least Resistance, Mark Jarashow, Michael B. Runnels, Tait Svenson Jan 2006

Unclos And The Arctic: The Path Of Least Resistance, Mark Jarashow, Michael B. Runnels, Tait Svenson

Fordham International Law Journal

This Note discusses the territorial disputes in the Arctic, which are becoming increasingly contentious as a result of the Arctic melt, and the potential resolutions through the mechanisms of international law. Part I discusses the scientific consensus regarding the changing Arctic climate and the resulting conflicts that arise from increased interests in the region. Part II evaluates the varying legal paradigms that may be utilized in order to navigate through the competing claims. Part III argues that, given the uncertainties surrounding both the outcome of any potential International Court of Justice ("ICJ") decision and entering into an Arctic Treaty, universal …

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The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke Jan 2006

The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke

Fordham International Law Journal

This Note argues that, to address the abuse of detained girls, the United States should ratify the CRC. This Note further argues that establishing a national independent office or ombudsman to monitor children's conditions of confinement in the United States is a superior proposal to creating a U.N.-appointed special representative on violence against children. This Note concludes that, upon ratifying the CRC, the United States should establish a national ombudsman for children's rights. Part I of this Note presents the problem of physical and sexual abuse of detained girls in the United States and reviews the applicable international human rights …

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Interview With Michael Leathes, Nadja Alexander Jan 2006

Interview With Michael Leathes, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alexander: Can you describe your professional role and how it relates to international mediation?Leathes: I have been an in-house counsel for most of my 36-year career, including general counsel of Pfizer International and of International Distillers & Vintners and general manager of BAT’s intellectual propertycompany. In all these roles I have been responsible for litigation portfolios internationally—in total, thousands of cases. Before I figured out a better way, I’m certain that I must have been responsible for about as many losses as wins. Then, in the late 80s, I discovered mediation…A: And what happened?L: Together with the teams of people …

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Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander Jan 2006

Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.

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Numerus Clausus: An Economic Perspective, Wei Zhang Jan 2006

Numerus Clausus: An Economic Perspective, Wei Zhang

Research Collection Yong Pung How School Of Law

Numerus clausus refers to the principle that both the form and the substance of a property right shall be prescribed by the law, which essentially restricts the freedom to “customize” the legally enforceable property interests.2 It has long been regarded as a basic principle in Civil Law countries, while the recent studies of U.S. scholars suggest that its essence exists in the Anglo-American law as well.

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Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner Jan 2006

Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner

Fordham International Law Journal

This article seeks to provide a comparative overview of relevant practice of the European Union ("EU") and the World Trade Organization ("WTO") with regard to the interpretation and use made of "good governance," and in particular with regard to "transparency," one of its core component elements.

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Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson Jan 2006

Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson

Fordham International Law Journal

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.

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Segmental Dynamics Of Poly(Isopropyl Acrylate)-D7 On Silica, Piyawan Krisanangkura, Frank D. Blum Jan 2006

Segmental Dynamics Of Poly(Isopropyl Acrylate)-D7 On Silica, Piyawan Krisanangkura, Frank D. Blum

Chemistry Faculty Research & Creative Works

For a polymer film deposited on a surface, the strength of the surfacesegment interaction affects the mobility of polymer-chain segments. The selfconsistent field lattice model of Scheutjens and Fleer,1 based on mean-field lattice models of polymer at interfaces,2 has been used to describe the distribution of conformations of polymers on surfaces. Adsorbed-polymer segments may be classified as belonging to loops, trains or tails. There are different techniques used to study the molecular motion of the polymer including modulated differential scanning calorimetry (MDSC)3 and nuclear magnetic resonance (NMR).4,5 in this work, solid-state deuterium (2H) NMR was used to characterize the polymer …

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Separation And Quantification Of N-Acetylcysteine-Amide (Naca) By Hplc With Fluorescence Detection, Wei Wu, Glenn Goldstein, Craig D. Adams, Richard H. Matthews, Nuran Ercal Jan 2006

Separation And Quantification Of N-Acetylcysteine-Amide (Naca) By Hplc With Fluorescence Detection, Wei Wu, Glenn Goldstein, Craig D. Adams, Richard H. Matthews, Nuran Ercal

Chemistry Faculty Research & Creative Works

N-acetyl-l-cysteine (NAC) is a well-known antioxidant that is capable of facilitating glutathione (GSH) biosynthesis and replenishing intracellular GSH under oxidatively challenging circumstances. N-acetyl-cysteine-amide (NACA), the amide form of NAC, is a newly designed and synthesized thiol-containing compound which is believed to be more lipophilic and permeable through cell membranes than NAC. The metabolic and antioxidant effects of these compounds in vitro and in vivo are under investigation. However, an analytical method that can separate and quantify both compounds simultaneously is not yet available, to the best of our knowledge. Because of their structural similarities, the two compounds are difficult to …

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Permutation Coding Technique For Image Recognition Systems, Ernst M. Kussul, Tatiana N. Baidyk, Donald C. Wunsch, Oleksandr Makeyev, Anabel Martin Jan 2006

Permutation Coding Technique For Image Recognition Systems, Ernst M. Kussul, Tatiana N. Baidyk, Donald C. Wunsch, Oleksandr Makeyev, Anabel Martin

Electrical and Computer Engineering Faculty Research & Creative Works

A feature extractor and neural classifier for image recognition systems are proposed. The proposed feature extractor is based on the concept of random local descriptors (RLDs). It is followed by the encoder that is based on the permutation coding technique that allows to take into account not only detected features but also the position of each feature on the image and to make the recognition process invariant to small displacements. The combination of RLDs and permutation coding permits us to obtain a sufficiently general description of the image to be recognized. The code generated by the encoder is used as …

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On Doubly Periodic Solutions Of Quasilinear Hyperbolic Equations Of The Fourth Order, T. Kiguradze, T. Smith Jan 2006

On Doubly Periodic Solutions Of Quasilinear Hyperbolic Equations Of The Fourth Order, T. Kiguradze, T. Smith

Publications

The problem on doubly periodic solutions is considered for a class of quasilinear hyperbolic equations. Effective sufficient conditions of solvability and unique solvability of this problem are established.

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A 3-Dimensional Evaluation Of Wing Movement In Ground Birds During Flap-Running And Level Flight: An Otogenetic Study, Paolo Stefano Segre Jan 2006

A 3-Dimensional Evaluation Of Wing Movement In Ground Birds During Flap-Running And Level Flight: An Otogenetic Study, Paolo Stefano Segre

Graduate Student Theses, Dissertations, & Professional Papers

Segre, Paolo Stefano, M.S., December 2006 Biology A 3-dimensional evaluation of wing movement in ground birds during flap-running and Level Flight: an ontogenetic study Chair: Dr. Kenneth P. Dial The science of animal flight requires the quantification of wing movement over a range of behaviors. Despite numerous studies of avian locomotion, we are only beginning to grasp the intricacies of flapping flight. Birds create aerodynamic forces by manipulating the fluid environment of air by beating their wings. The question remains, how do they perform such a wide range of locomotor behaviors (e.g. takeoff, horizontal, flap-running) with their forelimbs? We measure …

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The Influence Of Glacial Erosion On Landscape Evolution And Basin Morphology In The Bitterroot Mountains Montana, Shawn Naylor Jan 2006

The Influence Of Glacial Erosion On Landscape Evolution And Basin Morphology In The Bitterroot Mountains Montana, Shawn Naylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Tennessee Archivist 29, No. 1, Society Of Tennessee Archivists Jan 2006

Tennessee Archivist 29, No. 1, Society Of Tennessee Archivists

Tennessee Archivist newsletters

Winter 2006 issue of the Tennessee Archivist, a newsletter produced by the Society of Tennessee Archivists.

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Heuristics And Genetic Algorithms, Michael D. Mobley, Cihan H. Dagli, David Enke Jan 2006

Heuristics And Genetic Algorithms, Michael D. Mobley, Cihan H. Dagli, David Enke

Engineering Management and Systems Engineering Faculty Research & Creative Works

Genetic algorithms are design tools used in generating optimal solutions. While they can often be shown to outperform various heuristic methods and hybrid approaches, using a combination of evolutionary algorithms and heuristic approaches can generate an optimal solution more quickly than either of the two methods independently. Our purpose is to provide an overview of genetic algorithms, to discuss the types of problems that lend themselves to being solved by genetic algorithms, and to identify heuristics that have been shown to aid genetic algorithms in their quest for optimal solutions. While the sample problems discussed in this paper are generally …

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Unifying Value Methodology And Robust Design To Achieve Design For Six Sigma, Vivek K. Jikar, Elizabeth A. Cudney, Kenneth M. Ragsdell, Chuck T. Hui Jan 2006

Unifying Value Methodology And Robust Design To Achieve Design For Six Sigma, Vivek K. Jikar, Elizabeth A. Cudney, Kenneth M. Ragsdell, Chuck T. Hui

Engineering Management and Systems Engineering Faculty Research & Creative Works

The concept of product or system function is considered as described in the Taguchi System of Quality Engineering. the importance of transfer functions is also discussed, and a review of conventional value analysis techniques is given. This paper proposes a combination of the principles of robust design and value methodology to enable on-target functionality and direct cost allocation early in the product development process. the discussion on integration of value analysis principles in robust design methodology is provided considering the six-sigma environment. Copyright © 2006 SAE International.

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How Still The Riddle Lies; Emily Dickinson's Sense Of Naturalness, Jill M. Beauchesne Jan 2006

How Still The Riddle Lies; Emily Dickinson's Sense Of Naturalness, Jill M. Beauchesne

Graduate Student Theses, Dissertations, & Professional Papers

Beauchesne, Jill, M.A., Autumn 2006 Literature Abstract: How Still the Riddle Lies Robert Baker, Chair Louise Economides Phil Condon The tradition of “nature writing” in the United States draws heavily on the literary movements of Romanticism and Transcendentalism. Wordsworth’s meditative walks, Keats’s nightingale, Thoreau’s pond—these concepts have shaped literary beliefs and perceptions of natural landscapes as much as a writer’s individual haunts or favorite creatures. In a contemporary context, a writer steps down a long, wellworn path when he or she attempts to describe a bird taking flight or the way the sunlight feels at a certain time of afternoon. …

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Buffalo Hippies, Brooke Gibbs Hewes Jan 2006

Buffalo Hippies, Brooke Gibbs Hewes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner Jan 2006

Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Exploring Native American Folklore : Little People And Giants, Frederick E. Harris Jan 2006

Exploring Native American Folklore : Little People And Giants, Frederick E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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A Response To Goodwin Liu, Robin West Jan 2006

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is not simply that …

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A Closed-Form Expression For Estimating Radiated Emissions From The Power Planes In A Populated Printed Circuit Board, Todd H. Hubing, Hwan-Woo Shim Jan 2006

A Closed-Form Expression For Estimating Radiated Emissions From The Power Planes In A Populated Printed Circuit Board, Todd H. Hubing, Hwan-Woo Shim

Electrical and Computer Engineering Faculty Research & Creative Works

An expression for the maximum intensity of radiated emissions from a rectangular power bus structure has been derived based on an analytical cavity-resonator model. The effect of components mounted on the board is modeled by modifying the propagation constant of the waves within the power bus structure. The radiated field intensity is calculated using the equivalent magnetic current around the edges of the power bus structure together with the modified propagation constant. Measurements of a populated test board show that the derived closed-form expression estimates the level of the maximum radiation intensity with reasonable accuracy.

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Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin Jan 2006

Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Part I of this essay begins one hundred years before the passage of the Act, with Reconstruction. I briefly canvas the interracial alliances of the Reconstruction and Redemption periods, underscoring that American democracy has been most responsive to the masses, including working class whites, when interracial alliances between whites and blacks commanded majority power. I then recount how a politics of white supremacy animated and perpetuated racial schisms between blacks and whites for a century in the South. Part II describes how the Act came to be passed, emphasizing the role of protest and coalition politics in its enactment, and …

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Turn And Other Stories, Sarah Aswell Jan 2006

Turn And Other Stories, Sarah Aswell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Pervasively Distributed Copyright Enforcement, Julie E. Cohen Jan 2006

Pervasively Distributed Copyright Enforcement, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …

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Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione Jan 2006

Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The author argues that although legal writing faculty know that what they teach is absolutely essential to their students' success, yet it continues to be grossly, even embarrassingly, undervalued in legal education. Doctrinal legal faculty perpetuate the view that legal education is a philosophical endeavor that focuses on the truth about the nature of law and, in the twenty-first century, on the law's ability to serve justice in a multicultural America. Because of their political power, however, doctrinal faculty are able to preserve the task of truth finding for themselves. Since the nature of truth is independent of its practical …

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