Digital Commons Network^™

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.

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 …

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 …

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

Cardozo Journal of Conflict Resolution

No abstract provided.

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.

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 …

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 …

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.

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.

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 …

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.

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 …

An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk

Cardozo Journal of Conflict Resolution

This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …

Developments And Hurdles In Generating Vaccines For Controlling Helminth Parasites Of Grazing Ruminants, W.D. Smith, D.S. Zarlenga

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

As a direct consequence of rising drug resistance among common nematodes of grazing animals, efforts toward state-of-the- art vaccine development have clearly intensified in recent years, fuelled primarily by the advent of newer technologies in gene discovery, by advancements in antigen identification, characterisation and production. In this regard, it is appropriate to review progress that has been made in generating helminth vaccines and in particular, vaccines against common nematodes of production animals for consumption. In like manner, it is prudent to evaluate barriers that have hindered progress in the past and continue to present obstacles that must be solved when …

Kashmirobia, A New Genus Of Flea Beetles From The Oriental Region (Coleoptera: Chrysomelidae), Alexander S. Konstantinov, Kaniyarikkal Divakaran Prathapan

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A new genus, Kashmirobia, with the type species Aphthona hugeli Jacoby from the Oriental Region is described and illustrated. Comparative notes are provided. Host plant of K. hugeli is Euphorbia neriifolia L. (Euphorbiaceae).

Comparative Staging Of Embryo Development In Chicken, Turkey, Duck, Goose, Guinea Fowl, And Japanese Quail Assessed From Five Hours After Fertilization Through Seventy-Two Hours Of Incubation, N. Sellier, J.-P. Brillard, V. Dupuy, M. R. Bakst

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Normal tables of chicken embryo development are used to define specific stages of morphogenetic progression from the first cleavage divisions through hatching. Although established for the turkey and Pekin duck, the application of the normal tables of chicken embryo development to other birds of commercial and research importance needs be examined. Chicken, turkey, Japanese quail, and Pekin duck blastoderms from oviductal eggs showed differences in the rate of development that were inversely correlated with egg size. Oviposited eggs from these and additional species (goose, Muscovy and mule ducks, and Guinea fowl) were examined after 24 to 72 h of storage …

Effect Of Fenbendazole On Turkey Semen Quality, M. R. Bakst, M. Kramer, J. Long

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Fenbendazole (FBZ) is an anthelmintic recently approved to treat and control nematode infections in growing turkeys. When administered to growing turkeys there are no detrimental side effects. However, when we used FBZ to treat nematodes in mature breeder toms, we observed a decrease in semen quality and a subsequent precipitous decline in fertility to less than 20% within 6 wk of administration. An experiment was designed to determine the impact of FBZ administration on aspects of spermatogenesis and semen quality. We discovered that although sperm viability and concentration was not significantly affected by FBZ, this drug significantly reduced sperm mobility. …

Spermatogenesis In The Turkey (Meleagris Gallopavo): Quantitative Approach In Immature And Adult Males Subjected To Various Photoperiods, Jérôme Noirault, Jean-Pierre Brillard

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The objectives of this study were to identify and quantitate the germ cell populations of the testes in sexually mature male turkeys (Trial 1), determine the duration of meiosis based on BrdU labeling and stereological analyses (Trial 2), and examine the impact of various photoperiods on germinal and somatic cell populations in immature and adult males (Trial 3). In Trial 1, both testes within a male had similar stereological components (P > 0.05) for all parameters analyzed. In Trial 2, the duration of Type-1 spermatocytes and round spermatids in turkeys lasted 4.5 ± 0.5 and 2.0 ± 0.5 days, respectively. In …

Characterization Of Storage Proteins In Wild (Glycine Soja) And Cultivated (Glycine Max) Soybean Seeds Using Proteomic Analysis, Savithiry S. Natarajan, Chenping Xu, Hanhong Bae, Thomas J. Caperna, Wesley M. Garrett

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A combined proteomic approach was applied for the separation, identification, and comparison of two major storage proteins, β-conglycinin and glycinin, in wild (Glycine soja) and cultivated (Glycine max) soybean seeds. Two-dimensional polyacrylamide gel electrophoresis (2D-PAGE) with three different immobilized pH gradient (IPG) strips was an effective method to separate a large number of abundant and less-abundant storage proteins. Most of the subunits of β-conglycinin were well separated in the pH range 3.0-10.0, while acidic and basic glycinin polypeptides were well-separated in pH ranges 4.0-7.0 and 6.0-11.0, respectively. Although the overall distribution pattern of the protein spots …

Separation And Identification Of Soybean Leaf Proteins By Two-Dimensional Gel Electrophoresis And Mass Spectrometry, Chenping Xu, Wesley M. Garrett, Joseph Sullivan, Thomas J. Caperna, Savithiry Natarajan

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

To establish a proteomic reference map for soybean leaves, we separated and identified leaf proteins using two-dimensional polyacrylamide gel electrophoresis (2D-PAGE) and mass spectrometry (MS). Tryptic digests of 260 spots were subjected to peptide mass fingerprinting (PMF) by matrix-assisted laser desorption/ionization-time of flight (MALDI-TOF) MS. Fifty-three of these protein spots were identified by searching NCBInr and SwissProt databases using the Mascot search engine. Sixty-seven spots that were not identified by MALDI-TOF-MS analysis were analyzed with liquid chromatography tandem mass spectrometry (LC-MS/MS), and 66 of these spots were identified by searching against the NCBInr, SwissProt and expressed sequence tag (EST) databases. …

The Best Dna Markers Pennies Can Buy A Specialized Set Of Cattle Markers For Improving Food Safety And Beef Quality, Michael P. Heaton

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Researchers at the U.S. Meat Animal Research Center (USMARC) in Clay Center, Nebraska are developing a set of 100 DNA markers that will provide essential genetic information for improving food safety and beef quality in North American beef and dairy cattle. This powerful set of markers has been thoroughly screened to accomplish both DNA fingerprinting and parentage testing in essentially all U.S. beef and dairy populations, an ability that only a small fraction of known DNA markers have.

One key to success has been the careful sampling of U.S. beef and dairy populations to create a test panel representing the …

Dispersal Of Boll Weevils (Coleoptera: Curculionidae) From Cotton Modules Before Ginning, Thomas W. Sappington, Mark D. Arnold, Alan D. Brashears, Megha N. Parajulee, Stanley C. Carroll, Allen E. Knutson, John W. Norman Jr.

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

We characterized the level of risk of boll weevil, Anthonomus grandis grandis Boheman, reintroduction to an eradication zone posed by dispersal from cotton modules during and after transport to the gin. Mark-release-recapture experiments in August and September in Texas indicated that most weevils disperse rapidly from the module surface, temperature permitting, unless confined under a module tarp, where most died. Nevertheless, 1-5% of released weevils were recovered alive after 24 h on the side and top surfaces of modules, representing potential dispersants. Mortality of boll weevils caged on the top surface of a module was 95-100% after 1-4 d when …

Dispersal Of Newly Eclosed European Corn Borer Adults (Lepidoptera: Crambidae) From Corn Into Small-Grain Aggregation Plots, Brendon J. Reardon, Douglas V. Sumerford, Thomas W. Sappington

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Genetically modified, insecticidal Bacillus thuringiensis (Bt) corn, Zea mays L., hybrids are used throughout the Corn Belt for European corn borer, Ostrinia nubilalis(Hübner) (Lepidoptera: Crambidae), control. To slow development of Bt corn resistance, the Environmental Protection Agency requires growers to plant a refuge. Determining the appropriate distance between a refuge and Bt corn, and development of mitigation-remediation strategies such as mass releases of susceptible moths, requires an understanding of adult dispersal and mating behavior. However, much remains unknown about these behaviors. Because mating often occurs in grass near cornfields where adult O. nubilalis aggregate, we planted small-grain plots as …

Impact Of Trap Design, Windbreaks, And Weather On Captures Of European Corn Borer (Lepidoptera: Crambidae) In Pheromone-Baited Traps, Thomas W. Sappington, Brendon J. Reardon, Douglas V. Sumerford

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Pheromone-baited traps are often used in ecological studies of the European corn borer, Ostrinia nubilalis (Hübner) (Lepidoptera: Crambidae). However, differences in trap captures may be confounded by trap design, trap location relative to a windbreak, and changes in local weather. The objectives of this experiment were, first, to examine differences in O. nubilalis adult (moth) captures among the Intercept wing trap, the Intercept bucket/funnel UNI trap, and the Hartstack wire-mesh, 75-cm-diameter cone trap (large metal cone trap) as well as among three cone trap designs. Second, we examined the influence of the location of the large metal cone trap relative …

Usmarc Beef Carcass Instrument Grading Systems, Tommy Wheeler, Steven Shackelford, Mohammad Koohmaraie

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Evaluation of Beef Carcass Grades with Image Analysis

Beef Tenderness

Post-Weaning Performance Of Steers From Varying Calving And Weaning Strategies In Montana, E. E. Grings, W. A. Phillips, R. E. Short, H. Mayeux, R. K. Heitschmidt

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The impact of varied calving and weaning times on post-weaning production of steer calves was evaluated in a 3- yr study. Steers (approximately 12 steers per calving-weaning treatment per year) born in late winter or early spring were weaned at 190 or 240 d of age, and steers born in late spring were weaned at 140 or 190 d of age after grazing with their dams on native range. Steers were pen-fed a growing diet until approximately 375 kg BW. They were then moved to an individual feeding facility and fed a higher-energy diet. Steers were allotted to harvest dates …

Registration Of ‘Choptank’ Wheat, J.M. Costa, C.A. Griffey, H.E. Bockelman, S.E. Cambron, X. Chen, A. Cooper, C. Gaines, Robert A. Graybosch, A. Grybauskas, R.J. Kratochvil, D.L. Long, E. Shirley, L. Whitcher

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

‘Choptank’ (Reg. no. CV-976, PI 639724) is a soft red winter wheat (Triticum aestivum L.) that was jointly developed and released by the Maryland Agricultural Experiment Station, Department of Natural Resource Sciences and Landscape Architecture, and the Virginia Agricultural Experiment Station in 2004. Choptank is named after Maryland’s longest scenic river, which flows 70 miles from the western part of Delaware through Maryland and into the Chesapeake Bay, on Maryland’s Eastern Shore. Choptank has performed well in Maryland, Virginia, and Delaware and provides growers with a high-yielding cultivar with short stature, excellent powdery mildew [caused by Blumeria graminis (DC.) …

Traps And Trapping Techniques For Adult Mosquito Control, Daniel L. Kline

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

An overview is presented of the recent advancements in research activities conducted to evaluate mosquito traps. insecticide-impregnated targets baited with combinations of attractants, and strategies for using mass trapping techniques for adult mosquito population management. Technologies that use semiochemicals (attractants). traps and targets. and mass trapping are relatively new for management of adult mosquito populations. To date. emphasis has been placed primarily on developing barriers of attractant-baited and insecticide-impregnated targets. The most successful continuous use of this type of technology has been at Stevens' Landing. Collier County. Florida, Recently. commercially available traps have been evaluated for their ability to reduce …

Preserving Soil And Crop Resources By Increasing Cropping Intensity And Decreasing Tillage, Brian J. Wienhold, Ray R. Weil

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Soils perform many essential functions for plant growth, water storage, and water and air quality. Future generations depend on our crop and soil management practices to maintain or improve the soil’s ability to perform these essential functions while providing the food and fiber needed by society. Unfortunately, many soils have been degraded¹ because we either did not understand the negative effects of certain management practices or we lacked better alternatives. In recent years, scientific research, farmer innovation, and new commercial technologies have allowed improved soil management in many regions. In spite of this progress, additional improvements in soil management …

Androthrips Ramachandrai (Thysanoptera: Phlaeothripidae): An Introduced Thrips In The United States, David W. Boyd, Jr., David W. Held

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Androthrips ramachandrai Karny is an exotic thrips, assumed to be predacious, and is associated with gall-inducing thrips. It was first reported in the U.S. from FL, and intercepted in CA from Thailand in 2002. We surveyed Ficus spp. with Gynaikothrips-induced galls in AL, CA, FL, HI, LA, MS, and TX, and document that A. ramachandrai is now established in CA, FL, HI, and TX. It probably has been spread by the ornamental horticulture industry. We outline its biology and compare it to a congener A. flavipes, a documented thrips predator. Androthrips ramachandrai has the potential to be a …