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2006

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Just Beneath The Surface : A Story About Race And Football In A Southern Town, Mary Battle Jan 2006

Just Beneath The Surface : A Story About Race And Football In A Southern Town, Mary Battle

Electronic Theses and Dissertations

No abstract provided.

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Examining Attributions Of Blame And Consumer Trust Following Market Withdrawal Of A Pharmaceutical Product, Suvapun Bunniran Jan 2006

Examining Attributions Of Blame And Consumer Trust Following Market Withdrawal Of A Pharmaceutical Product, Suvapun Bunniran

Electronic Theses and Dissertations

No abstract provided.

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Spatiotemporal Variation In Methane (Chγéä) And Carbon Dioxide (Coγéé) Fluxes From A Spring-Fed Forested Wetland, Hong-Suk Koh Jan 2006

Spatiotemporal Variation In Methane (Chγéä) And Carbon Dioxide (Coγéé) Fluxes From A Spring-Fed Forested Wetland, Hong-Suk Koh

Electronic Theses and Dissertations

No abstract provided.

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Mechanisms Of The Persistence Of Antibiotic Resistant Enteric Bacteria In Freshwater Wetland Environments, Andrekeus Lee Jan 2006

Mechanisms Of The Persistence Of Antibiotic Resistant Enteric Bacteria In Freshwater Wetland Environments, Andrekeus Lee

Electronic Theses and Dissertations

No abstract provided.

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Sound Monitoring With Wireless Sensor Networks, Alex V. Jaramillo Jan 2006

Sound Monitoring With Wireless Sensor Networks, Alex V. Jaramillo

Electronic Theses and Dissertations

No abstract provided.

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Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres Jan 2006

Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres

Seattle University Law Review

This Note explores the Tegman decision in the context of joint and several liability between negligent and intentional actors within Washington State. Part II places Washington tort law into perspective, including the doctrine of joint and several liability, both before and after the Tort Reform Act of 1986. Part III discusses the Tegman decision, methods used in other jurisdictions for dealing with similar situations, and potential solutions to the problems posed by the Tegman holding. Finally, Part IV concludes and urges both the court to reconsider its ruling in Tegman and the legislature to clarify its intent.

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Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo Jan 2006

Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo

Seattle University Law Review

In his law review article, Professor Henry Hart responded to the questions of whether Congress had unlimited control of federal jurisdiction and whether this control was consistent with other provisions in the Constitution. Though Professor Hart's article has been widely debated, his overarching thesis is generally accepted: Congress' power to restrict Supreme Court jurisdiction is bound by the requirement that the Court's “essential functions” may not be trammeled, but Congress' power to restrict lower federal court jurisdiction is broad. This Comment will build on Professor Hart's thesis, arguing that the essential functions of the federal judiciary are broader than what …

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Table Of Contents, Seattle University Law Review Jan 2006

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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The Limitations Of Legislatively Imposed Damages Caps: Proposing A Better Way To Control The Costs Of Medical Malpractice, Nancy L. Zisk Jan 2006

The Limitations Of Legislatively Imposed Damages Caps: Proposing A Better Way To Control The Costs Of Medical Malpractice, Nancy L. Zisk

Seattle University Law Review

This Article considers whether state damages caps are constitutional and examines recent studies suggesting that damages caps are not achieving their intended goals. Given the mounting evidence against the effectiveness of damages caps and the questions about their constitutional validity, this Article proposes moving away from legislative caps on damages. Instead, this Article argues for a modified market model based on a combination of improved care, which would include improvements in service; better peer review; and, if necessary, legislation which would be designed to protect the confidentiality of peer review, reduce frivolous lawsuits, and regulate insurance rate increases. Part II …

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Feeding Behavior Of Japanese Medaka As A Measure Of Neurological Activity For Marine Natural Products, Amanda J. Feldhaus Jan 2006

Feeding Behavior Of Japanese Medaka As A Measure Of Neurological Activity For Marine Natural Products, Amanda J. Feldhaus

Electronic Theses and Dissertations

No abstract provided.

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Nonlinear Transforms For Peak To Average Power Reduction In Ofdm, Nishchal Chaudhary Jan 2006

Nonlinear Transforms For Peak To Average Power Reduction In Ofdm, Nishchal Chaudhary

Electronic Theses and Dissertations

No abstract provided.

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Predictions Of Supercritical Fluids Extraction Based On Mixing Rules Derived From Matching Eos, Jiangping Liu Jan 2006

Predictions Of Supercritical Fluids Extraction Based On Mixing Rules Derived From Matching Eos, Jiangping Liu

Electronic Theses and Dissertations

No abstract provided.

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Differences In Alcohol Behavior Between Fall Semester And Spring Semester For College Freshmen / By Sara Rodriguez Trout, Sara Rodriguez Trout Jan 2006

Differences In Alcohol Behavior Between Fall Semester And Spring Semester For College Freshmen / By Sara Rodriguez Trout, Sara Rodriguez Trout

Electronic Theses and Dissertations

No abstract provided.

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The Making Of A Monument : Investigating Mound Stratigraphy In The Yazoo Basin / By Erin L. Stevens, Erin L. Stevens Jan 2006

The Making Of A Monument : Investigating Mound Stratigraphy In The Yazoo Basin / By Erin L. Stevens, Erin L. Stevens

Electronic Theses and Dissertations

No abstract provided.

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"Clowns To The Left Of Me: Jokers To The Right, Here I Am, Stuck In The Middle With You": The Inconsistent Tax Treatment Of Security Holders In Tax-Free Reorganizations, Meredith R. Conway Jan 2006

"Clowns To The Left Of Me: Jokers To The Right, Here I Am, Stuck In The Middle With You": The Inconsistent Tax Treatment Of Security Holders In Tax-Free Reorganizations, Meredith R. Conway

Catholic University Law Review

No abstract provided.

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Mediation Success Or Failure: A Search For The Elusive Criteria, Jacob Bercovitch Jan 2006

Mediation Success Or Failure: A Search For The Elusive Criteria, Jacob Bercovitch

Cardozo Journal of Conflict Resolution

One of the central issues in the field of conflict resolution concerns the degree to which we can define a mediated or negotiated outcome as successful. How do we know that an outcome meets the criteria of success? How can we evaluate it? For example, how would we define the conclusion of the Camp David talks, where President Carter so ably mediated between the parties, and which produced a historic agreement between Israel and Egypt in 1978? Was that ground-breaking agreement successful? There will be as many opinions on that as there are commentators, but few will stop and think …

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Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile Jan 2006

Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile

Cardozo Journal of Conflict Resolution

As the strategic economic partner of the Southern Mediterranean (MEDA) region, the European Union (EU) seeks to promote effective mechanisms of development through increased industrial cooperation in order to create a Euro-Mediterranean area of shared prosperity. The first Euro-Mediterranean Conference of Ministries of Industry, held in June of 1996 in Brussels, listed among its priority objectives 1) the formation of a fair judicial and administrative framework for investment; and 2) the establishment and support of Small and Medium Enterprises (SMEs) through the development of regional networks. However, recent reports on world trade and investment describe the MEDA region as an …

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Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard Jan 2006

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …

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2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi Jan 2006

2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi

Cardozo Journal of Conflict Resolution

Thank you very much for this truly inspiring award, which I am honored to accept on my own behalf and on behalf of the many women with whom I have been privileged to work over the years. The award is presented against the backdrop of two historic international events: the passing of Rosa Parks and the announcement of the victory of Ellen Johnson-Sirleaf as the first elected female head of state of an African country.

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Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone Jan 2006

Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone

Cardozo Journal of Conflict Resolution

This Note will discuss the serious legal, ethical, and scientific questions raised by the dispute resolution process for anti-doping violations during the Olympic Games. Throughout the Note, I will highlight both procedural and substantive aspects of the process which raise sufficiently serious legal issues to merit an American court's agreement to review an Olympic arbitration award. Part I will discuss the rise of doping in sports, and the manner in which the problem has been, and is currently being addressed within the Olympic Movement. Part II will explain the hierarchy of sports governing bodies beneath the IOC and also discuss …

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Collaboration In The Exploration Of Outer Space: Using Adr To Resolve Conflicts In Space, Ka Fei Wong Jan 2006

Collaboration In The Exploration Of Outer Space: Using Adr To Resolve Conflicts In Space, Ka Fei Wong

Cardozo Journal of Conflict Resolution

This Note will explore in detail the use of ADR procedures for claims brought under the Convention on International Liability for Damage Caused by Space Objects of 1972 ("Liability Convention"), pointing out the benefits and effectiveness of the procedures. This Note will also explore the problems with the Liability Convention, and will suggest modifications to improve the ADR procedures set forth therein. By drawing on the ADR procedures from the Liability Convention as an example, this Note will suggest that the use of ADR procedures to resolve most outer space conflicts would be most desirable. Although ADR procedures currently exist …

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 1 Jan 2006

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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The Propriety Of Expanded Judicial Review Under The Faa: Achieving A Balance Between Enforcing Parties' Agreements According To Their Terms And Maintaining Arbitral Efficiency, Eric Chafetz Jan 2006

The Propriety Of Expanded Judicial Review Under The Faa: Achieving A Balance Between Enforcing Parties' Agreements According To Their Terms And Maintaining Arbitral Efficiency, Eric Chafetz

Cardozo Journal of Conflict Resolution

After an arbitration is concluded, the arbitrator or panel issues an award. An award is analogous to a court's judgment. Parties to an arbitration award can voluntarily comply with the award, without court intervention. However, unlike a trial where a judge's order marks the end of the proceedings, an arbitrator's award has no actual legal affect without court intervention. Court intervention occurs when a party files a motion either to confirm or to vacate an arbitration award.

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Holding Restorative Justice Accountable, Zvi D. Gabbay Jan 2006

Holding Restorative Justice Accountable, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this Article provides a better understanding of the restorative justice theory and its practical expressions. It describes the values and objectives upon which restorative justice is premised and introduces the three most common restorative justice practices: victim-offender mediation, group conferencing and circles. Part II introduces the democratic experimentalism model and demonstrates its compatibility with the restorative justice theory. Part III introduces four restorative justice programs currently operating in the United States, two operated by courts and two by prosecuting agencies. Part IV demonstrates the inadequacy of the evaluation mechanisms currently employed by these programs and emphasizes the …

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The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani Jan 2006

The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani

Cardozo Journal of Conflict Resolution

Time is on our side and security is to be found, only if we would have a change of heart about the role that citizens can play in the future of international law. True, citizens do play a role in the development and enforcement of domestic laws, especially in more democratic and Western societies. Citizens have also had significant influence in the development of international law. However, citizens (i.e. non-state actors) have not had a direct hand in the enforcement of international law through private action as accorded to state-actors (i.e. governments). This means that citizens, in most cases, have …

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Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki Jan 2006

Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki

Cardozo Journal of Conflict Resolution

Any lawyer knows that words and language are important. A single word can derail a painstakingly written contract; the characterization of a would-be killer as a victim framed by racist police officers, rather than a jealous husband, can change the outcome of a case. Yet like many maxims, this important lesson is often forgotten when one is not confronted with the direct principles of words and language. Moreover, even most lawyers do not fully understand how to appropriately utilize the language tools that can change outcomes: myopically focusing on specific issues or characterizations rather than the overall conceptual frames.

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Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis Jan 2006

Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis

Cardozo Journal of Conflict Resolution

This Note will first explore the psychological and social aspects of domestic violence. It will then examine the appropriateness of mediation for such cases, exploring viewpoints on the topic. Lastly, the Note will propose a standard to guide cases involving domestic violence. Although the victim should always have the final word on whether to mediate, a judge, psychologist, and mediator should collaborate and make a united recommendation as to how they suggest the victim should proceed. This will allow the victim to make a thoughtful and individualized assessment of her situation.

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Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis Jan 2006

Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis

Cardozo Journal of Conflict Resolution

Due to its success during the last thirteen years, New York's Commercial Division in the state's Supreme Court has become the model for other states and countries seeking to establish a commercial division for their court systems. Before 1993, New York's state court system had its dockets clogged with commercial cases. Judges who heard commercial litigation cases often did not have the expertise or resources to handle them well or give them proper attention. As a result, New York businesses turned to Delaware's Chancery Court, federal courts, and private dispute resolution to resolve their disputes and avoid the New York …

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Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection And Its Interplay With Arbitration, Adam Fisher Jan 2006

Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection And Its Interplay With Arbitration, Adam Fisher

Cardozo Journal of Conflict Resolution

The accounting profession took a major blow to its credibility in 2002 when numerous scandals surfaced on the front pages of newspapers seemingly everyday. The most notable stories told of two women who, despite the enormous pressure and harassment they knew they would face, came forward to reveal the ugly truth behind the facades of America's corporate skyscrapers. Cynthia Cooper and Sherron Watkins, employees at WorldCom and Enron respectively, blew the whistle on major accounting frauds at these companies. Their employers' retaliation was harsh and swift, revealing the truth about how todays' corporate juggernauts operate.

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The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz Jan 2006

The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz

Cardozo Journal of Conflict Resolution

Section I of this Note details the history of the juvenile justice system, making specific reference to the various developments in juvenile justice policy, concluding with a discussion of the conflicts involved in juvenile offending. Section II examines ADR techniques that have been used in the juvenile justice field, with some success, as an alternative to further prosecution, incarceration or other punishment, highlighting Victim-Offender Mediation and Family Group Conferencing. In Section III, I analyze why ADR techniques are an ideal solution to the ills of the current system, and how these methods meet many of the goals of the traditional …

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