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2006

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Searching For A Needle In A Haystack: The Constitutionality Of Police Dna Dragnets, Sepideh Esmaili Dec 2006

Searching For A Needle In A Haystack: The Constitutionality Of Police Dna Dragnets, Sepideh Esmaili

Chicago-Kent Law Review

DNA dragnets—the mass warrantless DNA testing of individuals whom authorities have neither probable cause nor reasonable suspicion to believe perpetrated a crime, but who merely live or work near a crime scene—have increasingly been used by police departments in a desperate attempt to solve puzzling crimes. The lack of success and the Fourth Amendment constitutional concerns raised by DNA dragnets, however, lead this practice to be suspect. Under the Fourth Amendment, all searches of an individual must be reasonable. The reasonableness of any search typically depends on the government obtaining a warrant prior to the search. While there are well-established …

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The Relevancy Of Foreign Law As Persuasive Authority And Congress's Response To Its Use: A Preemptive Attack On The Constitution Restoration Act, Elizabeth Bulat Turner Dec 2006

The Relevancy Of Foreign Law As Persuasive Authority And Congress's Response To Its Use: A Preemptive Attack On The Constitution Restoration Act, Elizabeth Bulat Turner

Georgia State University Law Review

No abstract provided.

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Campus Report, Vol. 34, No. 4, University Of Dayton Dec 2006

Campus Report, Vol. 34, No. 4, University Of Dayton

Campus Report

Facebook fallout: A study by UD researchers uncovers the different perceptions students and their potential employers have of the popular social networking site.

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Dred Scott And The Crisis Of 1860, Louise Weinberg Dec 2006

Dred Scott And The Crisis Of 1860, Louise Weinberg

Chicago-Kent Law Review

Recent suggestions to the contrary notwithstanding, the Dred Scott decision and the controversy over the extension of slavery into the territories were at the very center of the crisis of 1860. This paper fills in the social, political, economic, and legal backgrounds of that crisis in order to clarify the centrality of Dred Scott in the election of Abraham Lincoln and to the ensuing destruction of the Union.

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Legality And Legitimacy In Dred Scott: The Crisis Of The Incomplete Constitution, Michael P. Zuckert Dec 2006

Legality And Legitimacy In Dred Scott: The Crisis Of The Incomplete Constitution, Michael P. Zuckert

Chicago-Kent Law Review

The original Constitution was incomplete in that it contained a disparity between the principles of legitimacy of the system and the legality of the institution of slavery. Political communities marked by such disharmony are beset with pressures to make the system consistent in one way or another. Such indeed was the fate of the U.S. during the antebellum era. Three typical responses arose: to make legality correspond to legality (by redefining the principles of legitimacy of the system), to make legality conform to legitimacy (by doing away with slavery), or to maintain the tension in ever more creative ways. The …

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Stay East, Young Man? Market Repercussions Of The Dred Scott Decision, Jenny B. Wahl Dec 2006

Stay East, Young Man? Market Repercussions Of The Dred Scott Decision, Jenny B. Wahl

Chicago-Kent Law Review

The Dred Scott decision definitively opened U.S. territories to slavery. This reduced the probability of westward migration for free-soilers, in part because of expected effects on land markets. Although land was an important part of a slaveholder's portfolio, his ability to hold wealth in mobile assets—slaves—meant that he had a different outlook on internal improvements than his Northern brethren, as well as a production process that emphasized relatively abundant labor inputs. Letting slaves into the territories thus led to uncertainty about future land values. This slowed the flow of Northerners west, dragging present land prices downward. In turn, uncertainty about …

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Early Belgian Colonial Efforts: The Long And Fateful Shadow Of Leopold I, Robert R. Ansiaux Dec 2006

Early Belgian Colonial Efforts: The Long And Fateful Shadow Of Leopold I, Robert R. Ansiaux

History Dissertations - Archive

The continuing debate over the causes, effects and future implications of European colonialism and imperialism is perhaps best viewed through a transatlantic lens. The various phases of imperialism from 1415 through 1914 provide ample time and examples of this continuous cultural interchange. The last of these interchanges, forced or otherwise, is that of the New Imperialism of 1860-1914. Discussions of later globalization and economic/cultural imperialism are not covered. That discussion is a different subject perhaps requiring different tools of analysis, especially economic. The impact of this last period reverberates through the current world discussion on rights, obligations, morality and law, …

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After-Schools Programs And Their Influence On Parent Involvement With Children At Home, Marci Malone Dec 2006

After-Schools Programs And Their Influence On Parent Involvement With Children At Home, Marci Malone

Undergraduate Honors Capstone Projects

Eight-year-old Victoria, with hands on hips and chin stuck up, defiantly said, "No mom, I want to stay for After-School Club. I don't care about the dentist." Her mother patiently responded by telling Victoria, "I know you want to stay but we have to leave now or we will be late for our appointment." The little girl, seeming to know from experience that her mother would not budge, stomped her foot as she began leaving the school saying, "I hate when I have to miss After-School Club!"

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Men, Cohesion, And Battle : The Inniskilling Regiment At Waterloo., Mark Richard Bois Dec 2006

Men, Cohesion, And Battle : The Inniskilling Regiment At Waterloo., Mark Richard Bois

Electronic Theses and Dissertations

This thesis is a social and military history of the First Battalion of the 27th Foot, the Inniskilling Regiment, at the Battle of Waterloo. Crucial to success in battle is the cohesion of units and their ability to withstand punishment and keep fighting. This paper offers an examination of the constituent elements of unit cohesion as manifested in the demonstrable staying power of the Inniskillings. The Inniskillings' battlefield experience is a case study in cohesion: by understanding the devastating battlefield experience of the 1/27th, the only all-Irish infantry unit at Waterloo, it is then possible to examine the many elements …

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Review Of The Rise And Fall Of Hmos: An American Health Care Revolution. Jan Gregoire Coombs. Reviewed By Lisa S. Patchner., Lisa S. Patchner Dec 2006

Review Of The Rise And Fall Of Hmos: An American Health Care Revolution. Jan Gregoire Coombs. Reviewed By Lisa S. Patchner., Lisa S. Patchner

The Journal of Sociology & Social Welfare

Book review of Jan Gregoire Coombs, The Rise and Fall of HMOs: An American Health Care Revolution. Madison, WI: University of Wisconsin Press, 2005. $35.00 hardcover.

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Don't Be A Phish: Steps In User Education, Stefan Robila, James W. Ragucci Dec 2006

Don't Be A Phish: Steps In User Education, Stefan Robila, James W. Ragucci

Department of Computer Science Faculty Scholarship and Creative Works

Phishing, e-mails sent out by hackers to lure unsuspecting victims into giving up confidential information, has been the cause of countless security breaches and has experienced in the last year an increase in frequency and diversity. While regular phishing attacks are easily thwarted, designing the attack to include user context information could potentially increase the user's vulnerability. To prevent this, phishing education needs to be considered. In this paper we provide an overview of phishing education, focusing on context aware attacks and introduce a new strategy for educating users by combining phishing IQ tests and class discussions. The technique encompasses …

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Aristotle On Sense Perception: The Enemy Of My Enemy Is Not My Friend: A Reply To Martha Nussbaum And Hilary Putnam, Anthony Crifasi Dec 2006

Aristotle On Sense Perception: The Enemy Of My Enemy Is Not My Friend: A Reply To Martha Nussbaum And Hilary Putnam, Anthony Crifasi

The Society for Ancient Greek Philosophy Newsletter

Among the many contributions to twentieth century philosophical scholarship by Martha Nussbaum and Hilary Putnam was their 1992 essay, “Changing Aristotle’s Mind,” in which they appealed to “the Aristotelian form - matter view as a happy alternative” between Cartesian dualism and materialistic reductionism. On the one hand, they argued, Aristotle’s view escapes Cartesian mind-body dualism because for Aristotle, there can be no description of animal functions “without making these functions ... embodied in some matter...” On the other hand, Aristotle does not reduce psychological functions to matter, because the Aristotelian psuche or soul is not identified with the matter of …

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Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold Dec 2006

Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold

William & Mary Bill of Rights Journal

No abstract provided.

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The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

William & Mary Bill of Rights Journal

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …

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Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman Dec 2006

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman

William & Mary Bill of Rights Journal

No abstract provided.

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College Voice Vol. 31 No. 10, Connecticut College Dec 2006

College Voice Vol. 31 No. 10, Connecticut College

2006-2007

No abstract provided.

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The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks Dec 2006

The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Court Review: Volume 42, Issue 3-4 - Complete Issue Dec 2006

Court Review: Volume 42, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 42, Issue 3-4 - Judges, Law, Politics & Strategy, Frank B. Cross Dec 2006

Court Review: Volume 42, Issue 3-4 - Judges, Law, Politics & Strategy, Frank B. Cross

Court Review: Journal of the American Judges Association

In law, we commonly presume that judges reach decisions based on legal materials, such as precedents. In political science, researchers typically presume that judges do not reach decisions based on such legal materials. They maintain that the apparent reliance on precedent to reach decisions is simply a hoax designed to provide cover for a particular outcome. These researchers traditionally argued that judges reach their personally preferred outcome in the case and then rationalize it after the fact with references to precedent, conveniently supplied them by the attorneys for their preferred side.

Much of the empirical research on judicial decision making …

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Court Review: Volume 42, Issue 3-4 - Judicial Elections: Changes And Challenges, Jan Witold Baran Dec 2006

Court Review: Volume 42, Issue 3-4 - Judicial Elections: Changes And Challenges, Jan Witold Baran

Court Review: Journal of the American Judges Association

Today, myriad approaches for selecting judges exist and few states—if any at all—use identical schemes. In many states, the selection methods vary depending on whether the judge is a trial or appellate judge, or an initial selection or an incumbent. As will be seen, the vast majority of state judges are elected. Recently, judicial campaigns have become increasingly controversial while traditional restraints have fallen to the wayside. This article will address the variety of election methods, the challenges that recent constitutional decisions have presented to the ABA Code of Judicial Conduct, and whether innovations, such as public financing, offer a …

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Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard Dec 2006

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Effects Of Caffeine On Muscular Strength, Scott Wilson Dec 2006

Effects Of Caffeine On Muscular Strength, Scott Wilson

Masters Theses & Specialist Projects

Caffeine is the most widely consumed drug in the world. Research has suggested that caffeine can enhance aerobic performance. However, its benefits in the resistance training world are not fully understood. Due to caffeine's ability to alter pain perception and the onset of peripheral fatigue it may positively affect performance. This study examined the effects of caffeine on muscular strength, determined by the number of successfully completed reps at 85% of 1RM bench press. Fifteen recreationally trained males were tested for their 1RM on bench press. Subjects completed 3 randomized, double blind tria ls at 85% of their 1RM to …

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Memory For Non-Focal Words, John Jones Dec 2006

Memory For Non-Focal Words, John Jones

Masters Theses & Specialist Projects

In two experiments a modified flanker paradigm was used to simultaneously present a focal word and an incidental non-focal word. The participants' task was to process the focal word in one of two conditions: naming aloud or a conceptual decision (concrete or abstract). The focal and non-focal words were either semantically related or not. Participants were instructed to direct their attention at the focal word.  Furthermore, the presentation of the focal word was brief to reduce the possibility of eye movement to the non-focal word. Memory was measured with implicit and explicit memory tests. Evidence was found to suggest implicit …

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Tropical Cloud Forest Canopy And Subcanopy Adapt To Different Light Environments By Regulating Photosynthetic Pigments, December 2006, Bradley D. Wallentine Dec 2006

Tropical Cloud Forest Canopy And Subcanopy Adapt To Different Light Environments By Regulating Photosynthetic Pigments, December 2006, Bradley D. Wallentine

Monteverde Institute: Tropical Ecology and Conservation

The canopy and subcanopy of a Tropical Cloud Forest provide distinctly different light environments. Here, the amounts and ratios of photosynthetic pigments in leaves from a Cloud Forest canopy and subcanopy plants are compared. The pigments of forty canopy and subcanopy leaf samples are extracted using acetone and analyzed using a spectrophotometer. It is found that canopy and subcanopy plants possess equivalent means of concentrations of photosynthetic pigments per mass of leaf tissue (x = 0.21± 0.09 mg/g and 0.22 ± 0.11 mg/g, respectively). Therefore, plants from these two microhabitats invest the same quantity in major pigments for photosynthesis. However, …

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0555 Health Care Task Force, Colorado Legislative Council Dec 2006

0555 Health Care Task Force, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

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0561 Legislative Oversight Committee On State And Veterans Nursing Homes, Colorado Legislative Council Dec 2006

0561 Legislative Oversight Committee On State And Veterans Nursing Homes, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

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0562 Police Officers' And Firefighters' Pension Reform Commission, Colorado Legislative Council Dec 2006

0562 Police Officers' And Firefighters' Pension Reform Commission, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

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Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer Dec 2006

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …

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Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon Dec 2006

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2005 and May 31, 2006. As in prior years, the cases discussed are divided into five categories: (1) contracts, (2) torts, (3) mechanics and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted and summarized in Section VI, including a brief overview of the General Assembly's substantial revisions to Georgia's "Right to Repair" Act, the mandatory alternative dispute resolution framework that the legislature put in place in 2004 for residential construction defect claims in Georgia.

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Death Penalty Law, Therese M. Day Dec 2006

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2005 through May 31, 2006. The cases include those that the Georgia Supreme Court heard on interim appeal, direct appeal, and on review of habeas corpus decisions. Two recent decisions of the United States Supreme Court are also included because of their relevance to Georgia death penalty law. While there have been recent significant statutory changes affecting capital litigation in Georgia, those changes are beyond the purview of this Article and therefore will not be discussed. Likewise, holdings in capital cases that are common to …

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