Digital Commons Network^™

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

William & Mary Law Review

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …

Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.

William & Mary Law Review

The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In this Article, Professor …

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.

Seasonal Dietary Composition Of The Eastern Coyote (Canis Latrans) On The Berry College Campus In Northwestern Georgia, Kathleen Melissa Owens

Masters Theses and Doctoral Dissertations

Coyotes (Canis latrans) have progressively colonized eastern North America following wolf extirpation and the clearing of forested landscapes. The coyote has expanded its geographic range into Georgia during the past 50 years, and its impact as the top predator is potentially influencing community dynamics via competition and/or predation. Few studies have examined coyote food habits in the southeastern United States. Our objective was to determine prey items consumed by free-ranging coyotes living on Berry College lands in northwestern Georgia. One hundred and twenty-seven coyote scats were collected from May 2005 through August 2006 along seven major service roads that transected …

Winter 2006, Reardon Recognized For International Excellence, Center For International Education

UNH International Educator Newsletter

No abstract provided.

Winter 2006, Brittany Rittenberry Attends National Conference In Washington, D.C., Center For International Education

UNH International Educator Newsletter

No abstract provided.

Winter 2006, Foiled Plans In China Lead To Adventure Of A Lifetime, Susannah Pratt

UNH International Educator Newsletter

No abstract provided.

Interpretation Of Cone Penetration Tests In Cohesive Soils, Kwang Kyun Kim, Monica Prezzi, Rodrigo Salgado

JTRP Technical Reports

This report focuses on the evaluation of the factors affecting cone resistance measurement during cone penetration in saturated clayey soils and the application of the result to pile shaft capacity analysis. In particular, effects of drainage conditions around the cone tip were studied. Rate effects related to both drainage and shear strength dependence on loading rate were studied. In order to investigate the effects of drainage during penetration, penetration tests were performed with various velocities in the field and in a calibration chamber, and the obtained data were analyzed. For the field tests, two sites which have homogeneous clayey soil …

Gridfields: Model-Driven Data Transformation In The Physical Sciences, Bill Howe

Dissertations and Theses

Scientists' ability to generate and store simulation results is outpacing their ability to analyze them via ad hoc programs. We observe that these programs exhibit an algebraic structure that can be used to facilitate reasoning and improve performance. In this dissertation, we present a formal data model that exposes this algebraic structure, then implement the model, evaluate it, and use it to express, optimize, and reason about data transformations in a variety of scientific domains.

Simulation results are defined over a logical grid structure that allows a continuous domain to be represented discretely in the computer. Existing approaches for manipulating …

Biomolecular Tuning Of Electronic Transport Properties Of Carbon Nanotubes Via Antibody Functionalization, Kasif Teker, Dr. Eric Wickstrom, Balaji Panchapakesan

Department of Biochemistry and Molecular Biology Faculty Papers

Carbon nanotubes (CNTs) are remarkable solidstate nanomaterials due to their unique electrical and mechanical properties. The electronic properties of nanotubes combined with biological molecules such as proteins could make miniature devices for biological sensing applications. In this paper, the noncovalent interaction of single-wall CNTs with antibodies is presented for its potential applications for detecting overexpressed cell surface receptors in breast cancer cells. The degree of binding of antibodies on CNTs was found to be more than 80% for an extended sampling area by confocal microscopy. The key to achieve such high degree of functionalization is due to the separation of …

“If You Knew Him Like I Did, You’D Have Shot Him, Too …” A Survey Of Alaska’S Law Of Self-Defense, James Fayette

Alaska Law Review

No abstract provided.

Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai

Alaska Law Review

No abstract provided.

Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy

Alaska Law Review

No abstract provided.

Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Vol 51 #3, Judy Zelenski

MPLA Newsletter

No abstract provided.

Putting The Ninth Ward On The Map: Race, Place, And Transformation In Desire, New Orleans, Rachel Breunlin

Anthropology Faculty Publications

In this article, we consider how long-term patterns of resistance to structural violence inform citizens’ responses to displacement before and after Katrina. Drawing on Abdou Maliq Simone’s (2004) conceptualization of people as infrastructure, we recenter the discussion about the rebuilding of New Orleans around displaced residents, taking the place-making practices of members of a social club as a lens through which to examine the predicament of the city as a whole. Members have been generating alternative ways of thinking about and dwelling together in a restructuring city. Their perspectives are articulated through in-depth interviews, focus groups, and the embodied practices …

Genocide And Atrocity Crimes, David Scheffer

Genocide Studies and Prevention: An International Journal

The term ‘‘genocide’’ has been commonly used, particularly in political dialogue, to describe atrocities of great diversity, magnitude, and character. Yet the prospect of the term’s arising in policy making too often imposes an intimidating brake on effective responses. The political use of the term should be separated from its legal definition as a crime of individual responsibility. Governments and international organizations should be liberated to apply the term ‘‘genocide’’ more readily within a political context so as to publicly describe precursors of genocide and react rapidly either to prevent or to stop mass killings or other seeming acts of …

Deportation And Massacres In The Cipher Telegrams Of The Interior Ministry In The Prime Ministerial Archive (Başbakanlık Arşivi), Taner Akc¸Am

Genocide Studies and Prevention: An International Journal

Despite attempts at cleansing the Ottoman archives, after the armistice of 1918, of material incriminating the Young Turk government in planning to annihilate the Armenians, the prime ministerial archive (Bas bakanl|k Ars ivi, or BOA) in Istanbul still contains invaluable documentation on the Armenian Genocide. Contrary to the common belief, which suggests that the Ottoman documents in the BOA were created solely in order to obscure the actions of the Ottoman government, the author argues that this archive contains information that runs completely counter to the official Turkish denial thesis and actually elucidates both the intent of Ottoman authorities and …

Mindfulness As A Moderator Of Coping Response And The Abstinence Violation Effect : A Test Of The Role Of Mindfulness In The Relapse Prevention Model For Exercise., Christi S. Ulmer 1964-

Electronic Theses and Dissertations

The importance of physical activity in preventing disease and promoting health is increasingly evident in health outcomes research. Although most adults in the U.S. have initiated exercise programs at some point in their lives, research suggests that they have difficulty maintaining beneficial levels of physical activity and exercise. With escalating rates of obesity and physical inactivity, the importance of understanding processes by which individuals engage in and maintain physical activity cannot be understated. The Relapse Prevention Model (RPM), developed for use with addiction, has been successfully used to explore factors associated with exercise drop-out, or "exercise relapse". In the current …

Editor's Intorduction, Herb Hirsch

Genocide Studies and Prevention: An International Journal

This is the third issue of Volume 1 of Genocide Studies and Prevention. It is the first non-topical or general issue and, therefore, contains articles covering a wide variety of topics. The lead article by Professor David Scheffer, formerly US ambassador at large for war crimes issues (1997–2001) and currently the Mayer, Brown, Rowe & Maw/Robert A. Helman Professor of Law and director of the Center for International Human Rights at Northwestern University, is an exciting and interesting call for a new genre of human-rights law. Arguing that the term ‘‘genocide’’ has imposed limitations on action to protect human rights, …

Full Issue 1.3

Genocide Studies and Prevention: An International Journal

No abstract provided.

Anti-Haitianism, Historical Memory, And The Potential For Genocidal Violence In The Dominican Republic, Edward Paulino

Genocide Studies and Prevention: An International Journal

Following the 2005 murder of a Dominican woman near the border between the Dominican Republic and Haiti, Haitian communities were deported en masse and their homes violently ransacked by Dominican civilians seeking revenge. These violent expulsions were not only human-rights violations but part of a historic pattern of anti-Haitianism in the Dominican Republic that originated in the nineteenth century. This article calls attention to the possibility of genocidal violence in the Dominican Republic by examining the violent 2005 attacks on the Haitian community there. It suggests that an anti-Haitian legacy that includes the 1937 Haitian Massacre and the contemporary and …

The Restless World Of Leonardo Alishan (March 1951–January 2005): A Burnt Offering On The Altar Of The Armenian Genocide, Rubina Peroomian

Genocide Studies and Prevention: An International Journal

In his short career as a writer, poet, and literary critic, Leonardo Alishan left a rich literary legacy, a legacy that is not widely known. This article attempts to shed light on an important segment of his literary output: his creations in the genre of genocide literature. Alishan was a third-generation survivor of the Armenian Genocide, the inheritor of his grandmother’s devastating memories, living in the grip of the nightmare of the Catastrophe, never able to transcend it. The everpresent pain that dragged his grandmother from one mental hospital to another reverberated in his literary work, painting a microcosm of …

Book Review: Samuel Totten, Ed. Teaching About Genocide: Issues, Approaches, And Resources , Samuel Totten

Genocide Studies and Prevention: An International Journal

There are only a few scholars writing about teaching genocide and the Holocaust, and Samuel Totten is truly one of the most prolific and most effective. His book Teaching about Genocide: Issues, Approaches, and Resources is the latest of a long list of publications for educators on the subject of genocide.

“Native Christians Massacred”: The Ottoman Genocide Of The Assyrians During World War I, Hannibal Travis

Genocide Studies and Prevention: An International Journal

The Ottoman Empire’s widespread persecution of Assyrian civilians during World War I constituted a form of genocide, the present-day term for an attempt to destroy a national, ethnic, or religious group, in whole or in part. Ottoman soldiers and their Kurdish and Persian militia partners subjected hundreds of thousands of Assyrians to a deliberate and systematic campaign of massacre, torture, abduction, deportation, impoverishment, and cultural and ethnic destruction. Established principles of international law outlawed this war of extermination against Ottoman Christian civilians before it was embarked upon, and ample evidence of genocidal intent has surfaced in the form of admissions …

Book Review: Laurel Leff. Buried By The Times: The Holocaust And America's Most Important Newspaper, Janine Minkler

Genocide Studies and Prevention: An International Journal

Why did the New York Times persistently bury news of the Holocaust? asks Laurel Leff in her dramatic historical account of ‘‘America’s most important newspaper.’’ Leff, associate professor at Northeastern University and former journalist for the Wall Street Journal and Miami Herald, examines the complex combination of forces that led the Times to relegate news of the Holocaust to secondary status. She also sustains an uncompromising critique of this period in New York Times history. ‘‘No American newspaper was better positioned to highlight the Holocaust than the Times, and no American newspaper so influenced public discourse by its failure to …

Errata

Genocide Studies and Prevention: An International Journal

No abstract provided.

The Colby Echo (2006-12-01), Colby College

The Colby Echo

Published by the students of Colby College since 1877, The Colby Echo is the weekly, editorially independent student-run newspaper of Colby College in Waterville, Maine. Published monthly, 1877-1886; semi-monthly, 1886-1897; and weekly, during the academic year, 1898-present.

Regional Fears Of Western Primacy And The Future Of U.S. Middle Eastern Basing Policy, W. Andrew Terrill Dr.

Books, Monographs & Collaborative Studies

The United States has a core national interest in maintaining peace and stability in the Middle East as well as containing or eliminating threats emanating from that region. Yet, there is often disagreement on the ways to best achieve these goals. The author seeks to present his analysis of how the United States and other Western states might best address their military cooperation and basing needs within the Middle East, while still respecting and working with an understanding of regional and especially Arab history and concerns. He also provides policy recommendations based upon his analysis.