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2006

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The "Common Heritage" Of Outer Space: Equal Benefits For Most Of Mankind, Daniel A. Porras Jan 2006

The "Common Heritage" Of Outer Space: Equal Benefits For Most Of Mankind, Daniel A. Porras

California Western International Law Journal

No abstract provided.


Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado Jan 2006

Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado

Articles

In this chronicle Rodrigo meets with his mentor before a party and the two discuss celebratory jurisprudence Their discussion focuses on Hernandez v Texas as a milestone for Latino civil rights After discussing the historical background against which the Supreme Court decided the case they conclude that the groundbreaking decision arrived as a result of concerns in high circles over Latin American communism and peoples movements and the risk of the same in the United States


Developing A More Holistic Approach To Water Management In The United States, William L. Andreen Jan 2006

Developing A More Holistic Approach To Water Management In The United States, William L. Andreen

Articles

Americans have generally treated water just like land and other natural resources as a commodity for human use manipulation and degradation Little thought or significance at least until relatively recently was attached to the adverse environmental impact of reduced stream flows and the damage caused by hydrologic modifications such as dams and by various development activities that disrupt and pollute aquatic habitats The United States therefore faces the difficult challenge of trying at a late date to bring together three separate but inextricably connected disciplines one focusing on water use one on water quality and yet another focusing on development …


The Formative Influence Of French Colonialism On The Life And Thought Of Malek Bennabi (Malik Bn Nabi), Phillip Chiviges Naylor Jan 2006

The Formative Influence Of French Colonialism On The Life And Thought Of Malek Bennabi (Malik Bn Nabi), Phillip Chiviges Naylor

History Faculty Research and Publications

Malek Bennabi (1905–73) fut un intellectuel algérien de premier rang. Cet article étudie l’effet du colonialisme sur sa vie et ses idées. L’étude considère ses livres et offre une comparaison entre Bennabi et Frantz Fanon. Bennabi montre qu’il n’était pas « colonisable » à cause de sa formation et sa conscience historique.


Metaheuristics And Combinatorial Optimization Problems, Gerald Skidmore Jan 2006

Metaheuristics And Combinatorial Optimization Problems, Gerald Skidmore

Theses

This thesis will use the traveling salesman problem (TSP) as a tool to help present and investigate several new techniques that improve the overall performance of genetic algorithms (GA). Improvements include a new parent selection algorithm, harem select, that outperforms all other parent selection algorithms tested, some by up to 600%. Other techniques investigated include population seeding, random restart, heuristic crossovers, and hybrid genetic algorithms, all of which posted improvements in the range of 1% up to 1100%. Also studied will be a new algorithm, GRASP, that is just starting to enjoy a lot of interest in the research community …


Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian G. Ku, John Yoo Jan 2006

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian G. Ku, John Yoo

Hofstra Law Faculty Scholarship

The doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs, especially during wartime, have a solid and undisputed formal pedigree. But these doctrines also have a strong functional basis. The executive branch has strong institutional advantages over courts in the interpretation of laws relating to the conduct of war. Hamdan's refusal to give deference to the executive branch, if followed in the future, will further disrupt the traditional system of political cooperation between Congress and the President in wartime. It will raise the transaction costs for policymaking during war without any serious benefit and potentially at large …


Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi Jan 2006

Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi

Theses

This thesis describes the ongoing development of an image processing technique for the translation of American Sign Language (ASL) finger-spelling to text. The present analysis is the phase one of a broader project, the Sign2 Project, which is focused on a complete technological approach to the translation of ASL to digital audio and/or text. The methodology adopted in this analysis employs a gray-scale image processing technique to convert the American Sign Language finger-spelling to text. It attempts to process static images of the subject considered, and then matches them to a statistical database of pre-processed images to ultimately recognize the …


The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer Jan 2006

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling Jan 2006

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Security Studies & International Affairs - Daytona Beach

"Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …


The Granite, 2006, University Of New Hampshire Jan 2006

The Granite, 2006, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-


Growing A Better Food System: An Analysis Of The Impact Of California School Gardens On The Sustainable Food And Food Security Movements, Michael Press Jan 2006

Growing A Better Food System: An Analysis Of The Impact Of California School Gardens On The Sustainable Food And Food Security Movements, Michael Press

Pomona Senior Theses

In recent decades, environmental problems associated with conventional agriculture, children’s nutrition, and concern over the adequacy of the current food supply have led to the emergence of the sustainable food and food security movements. These issues have also inspired the state of California to pass legislation to place a garden in every school in the state. This thesis analyzes the accuracy of this policy’s implementation and its effects on the sustainable food and food security movements. Research found that the loss of state funding for this policy and the administrative, logistical, and informational barriers to establishing garden education programs has …


Cover And Contents Jan 2006

Cover And Contents

Turkish Journal of Mathematics

No abstract provided.


Weighing The Public Interest, Jodi L. Gissel, Don E. Giacomino, Michael D. Akers Jan 2006

Weighing The Public Interest, Jodi L. Gissel, Don E. Giacomino, Michael D. Akers

Accounting Faculty Research and Publications

In 1981, the AICPA addressed the issue of going concern status through SAS 34, The Auditor's Considerations When a Question Arises About an Entity's Continued Existence. In 1988, the AICPA issued SAS 59, The Auditor's Consideration of an Entity's Ability to Continue as a Going Concern, which remains the authoritative guidance. To determine if additional guidance on the topic of going concern is provided by accounting organizations, the authors contacted the AICPA and the state CPA societies. The authors found that none of these organizations provide additional literature or guidance in this area. Several individuals have criticized the current literature …


Anton Chekhov:The Characterization And Interpretationof A Historical Figure For The Stage, Alan Gallant Jan 2006

Anton Chekhov:The Characterization And Interpretationof A Historical Figure For The Stage, Alan Gallant

Electronic Theses and Dissertations

This thesis will explore the execution of the monograph role of "Anton Chekhov" in the original one-act play, An Evening with Anton Chekhov. The play script, rehearsal and public performances of the piece are all self- generated by the candidate, with the proper assistance of the thesis committee. This written thesis serves as the completion of the thesis project, and includes analysis of several key areas of the development of the script and thesis role. This document includes the original script with endnotes and a structural analysis. Social and historical background of the character, Anton Chekhov, a real person, is …


A Performance Study And Analysis Of The Role Of Professor Muller In The Visit., Stephanie Harrison Jan 2006

A Performance Study And Analysis Of The Role Of Professor Muller In The Visit., Stephanie Harrison

Electronic Theses and Dissertations

I propose to study the role of Professor Muller in The Visit as my thesis role because of the challenge that it presents, not only as a translated work, but also because of the character shift for me - Professor Muller is a 72 year old man and has now been changed to a woman in her thirties. Professor Muller is the only person to stand up to the antagonist, Claire. The confrontation between Claire and Muller takes on a certain tone when it is between a woman and a man, and has a completely different outlook when it becomes …


Analyzing The Effects Of Single-Sourcing Methodologies On The Role Of The Technical Communicator, Jeremy Boehl Jan 2006

Analyzing The Effects Of Single-Sourcing Methodologies On The Role Of The Technical Communicator, Jeremy Boehl

Electronic Theses and Dissertations

This thesis discusses the specific effects of single sourcing methodologies on the role of the technical communicator, his or her job responsibilities, qualifications, collaboration with coworkers, employee and employer expectations, and the effects on career progression. The methodologies discussed included all types of single sourcing methods for technical documentation (such as XML-based), advanced and non-advanced Content Management Systems (CMS), and Digital Asset Management (DAM) systems. Other topics explored are an overview of single sourcing for technical documentation, a comparison of the "craftsman model" to the current trend of single sourcing and structured content, specific effects on technical communicators such as …


Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard Jan 2006

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard

Vanderbilt Journal of Entertainment & Technology Law

Case law is sparse on the issue of tax deductibility for non-willful infringers and, as such, cases representing copyright, patent, and trademark infringement have been used interchangeably in an attempt to develop a rule. It is necessary to point out, however, that there are different standards for obtaining and protecting these three different types of intellectual property. As such, this Note will first analyze the remedies available for copyrights, patents, and trademarks to determine whether different standards should apply regarding the deductibility of taxes from gross infringing revenue when determining actual damage awards. Next, this Note analyzes arguments that have …


Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy Jan 2006

Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the adequacy of the scope of the derivative work right as it applies to new technologies and discuss how that right should be expanded to compensate for technological developments not foreseen when the current Copyright Act was enacted in 1976. The note will also provide a recommendation that could resolve all of the issues raised throughout. Part I provides a more detailed background of the jump-and-skip technology being used as an example to represent all referencing works. Part II first discusses and analyzes the present state of the derivative work right. It then addresses the purposes …


Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell Jan 2006

Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …


Porn In Their Words: Female Leaders In The Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture And The Mainstreaming Of Adult Content, Clay Calvert, Robert D. Richards Jan 2006

Porn In Their Words: Female Leaders In The Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture And The Mainstreaming Of Adult Content, Clay Calvert, Robert D. Richards

Vanderbilt Journal of Entertainment & Technology Law

Part I provides brief biographical information about each of the five women interviewed for this article. Part II then describes the interview and editing processes used by the authors, including details about when and where the interviews took place and the transcription process of the tapes used to record them. Next, Part III--the heart of the article--sets forth the views, opinions and comments of each of the five women, divided into three theme-based sections: 1) free speech and censorship of sexual content; 2) feminism and victimization; and 3) mainstreaming of adult entertainment and shifts of cultural mores. Finally, Part IV …


Molecular And Biochemical Changes In The Ileum Of Weanling Pigs Fed Antibiotics As Growth Promotant And In Germ-Free Conditions, Sajan George Jan 2006

Molecular And Biochemical Changes In The Ileum Of Weanling Pigs Fed Antibiotics As Growth Promotant And In Germ-Free Conditions, Sajan George

Electronic Theses and Dissertations

Antibiotics are routinely fed as growth promoters to weanling pigs for the past 50 years. However, frequent use of feed antibiotics potentially results in emergence of drug resistance in microbes, which could be transferred to human pathogens and would interfere with the effective use of therapeutic antimicrobials in human medicine. Such health concerns about the use of antibiotics in animal feeds have led to considerable scientific research and debates. Recently, use of antibiotics in animal feeds has been banned in the European Union and would possibly impact US agriculture soon. This study was conducted to understand the molecular mechanisms of …


Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin Jan 2006

Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin

Michigan Law Review

Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …


The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel Jan 2006

The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel

Faculty Articles

Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized 'federalism, " an agenda-driven "conservatism," and a constitutionally fixated 'Judicial supremacy." While each of these themes is undoubtedly present in the Court's later jurisprudence, this Article argues that one cannot understand the Rehnquist Court's complicated intellectual matrix without taking account of its profound hostility toward the institution of litigation and its concomitant skepticism as to the ability of litigation to function as a mechanism for organizing social relations and collectively administering justice. The article takes a pointillist …


Linguistics As A Knowledge Domain In The Law, Janet Ainsworth Jan 2006

Linguistics As A Knowledge Domain In The Law, Janet Ainsworth

Faculty Articles

This article focuses on the use of linguistic expertise by trial courts to aid in fact-finding. It identifies many of the ways the legal system has been enriched by donations from linguistic scholarship. In addition, it discusses the underutilized-at-present use of linguistic knowledge by appellate courts as a tool for crafting and applying doctrinal rules. Whereas courts have adopted economics analysis in determining appropriate legal rules, linguistic science has been neglected. Linguistic predictions are more testable and falsifiable than economic predictions. Linguistic research can be useful—particularly in the areas of comprehensibility of texts and resolving textual ambiguity. Indeed, legislatures and …


The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel Jan 2006

The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel

Faculty Articles

Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized "federalism," an agenda-driven "conservatism," and a constitutionally fixated "judicial supremacy." While each of these themes is undoubtedly present in the Court's later jurisprudence, this article argues that one cannot understand the Rehnquist Court's complicated intellectual matrix without taking account of its profound hostility towards the institution of litigation and its concomitant skepticism as to ability of litigation to function as a mechanism for organizing social relations and collectively administering justice. The article takes a pointillist approach, commenting …


Non-Competition Agreements And Research Productivity In The Biotechnology Industry, Porcher L. Taylor Iii, Joseph E. Coombs Jan 2006

Non-Competition Agreements And Research Productivity In The Biotechnology Industry, Porcher L. Taylor Iii, Joseph E. Coombs

School of Professional and Continuing Studies Faculty Publications

This paper examines the impact of the state-level legal structure, namely the legal support for non-competition agreements, on research productivity. Specifically, we study how California’s unique lack of non-competition agreement laws influences product develop when controlling for local munificence and firm-level technological capability. Our results indicate that California’s unique legal structure is negatively associated with research productivity as measured by the number of products in development at the time a biotechnology firm goes public. Further, firm size moderates this relationship such that the effect is stronger for smaller biotechnology firms.


Towards Health Informatics 2.0: Blogs, Podcasts And Web 2.0 Applications In Nursing And Health Informatics Education And Professional Collaboration, Peter J. Murray, Margaret M. Hansen Edd, Msn, Rn Jan 2006

Towards Health Informatics 2.0: Blogs, Podcasts And Web 2.0 Applications In Nursing And Health Informatics Education And Professional Collaboration, Peter J. Murray, Margaret M. Hansen Edd, Msn, Rn

Nursing and Health Professions Faculty Research and Publications

Health professionals and students are expected to be proficient in basic information technology so as to mitigate error, communicate effectively, manage information and collaborate with peers. Web 2.0 applications such as blogs, podcasts and wikis are social networking tools that may enhance health professionals' development of such skills. As Web 2.0 application use by health professionals is in its infancy, the purpose of this paper is to present examples of the use of such tools that hold potential for online and mobile information dissemination, knowledge building in education, and professional collaboration. Examples based in a collaborative model of virtual conference …


Reconsidering The Medical Expert Witness System, Yunwei Jiang Jan 2006

Reconsidering The Medical Expert Witness System, Yunwei Jiang

LLM Theses and Essays

The expert witness is indispensable in a medical malpractice case. However, there are three main defects in the currently existing expert witness system. One is incompetence of expert witnesses. Another is professional negligence of expert witnesses. The other is dishonesty of expert witnesses. To make the expert witness system more efficient, this article examines currently existing rules and offers some proposals regarding the three issues. For the first one, the suggestion of this article is to rely on the standards of expert qualification and admitting expert testimony. For the second one, this article distinguishes expert witnesses from lay witnesses, and …


Balancing Regulations And Incentives For Foreign Direct Investment: A Case Study Of Mexico And Kazakhstan, Dauren B. Tynybekov Jan 2006

Balancing Regulations And Incentives For Foreign Direct Investment: A Case Study Of Mexico And Kazakhstan, Dauren B. Tynybekov

LLM Theses and Essays

Foreign Direct Investment (FDI) has a global character. As globalization grows, foreign direct investment grows. This research analyses the relationship between foreign direct investment and developing countries. The main contributors to foreign direct investment are multinational corporations and this research will show the impact of this kind of investment on the economy of developing countries. The research will show the way the developing countries try to benefit from FDI in order to complement their economic growth. This thesis will analyze the incentives and regulations the developing countries use to attract FDI and what needs to be done to make this …


Using System Dynamics Approach To Construct A Performance Measurement Model For Pharmacy Supply Chain Management, Jiinpo Wu, Charlie C. Chen, Ray Tsai Jan 2006

Using System Dynamics Approach To Construct A Performance Measurement Model For Pharmacy Supply Chain Management, Jiinpo Wu, Charlie C. Chen, Ray Tsai

Journal of International Technology and Information Management

A credible performance measurement system is imperative to evaluate SCM systems effectiveness. However, commonly accepted measurements for evaluating pharmacy supply chain management (SCM) are yet to be developed. This study models the dynamic behavior of pharmacy supply chains to include managerial policies and performance measuring systems based on a well-established theoretical framework. The system dynamics methodology is adopted to simulate three scenarios: (1) demand forecasting policy, (2) market need, and (3) manufacturing errors. Simulation results lead to important policy implications of pharmacy SCM.