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2007

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How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein Nov 2007

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

Missouri Law Review

It is my great honor to deliver the Earl F. Nelson lecture for the year 2007. I have never met Mr. Nelson, but I have looked at the roster of distinguished people who have spoken in this lecture series, and I am pleased to have my name added to such an august list. I would also like to add my tribute to Dale Whitman, to whom this Conference has been dedicated. I regard him as a one-man version of Mr. Inside and Mr. Outside, a reference to - for those of you who remember - the old Army teams from …


Real Estate Practice In The Twenty-First Century, Ann M. Burkhart Nov 2007

Real Estate Practice In The Twenty-First Century, Ann M. Burkhart

Missouri Law Review

The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness. Real estate law, perhaps more than any other area, has changed very slowly since the beginning of the common law legal system. The mortgage, which will be the engine for this century's developments, is a particularly striking example of this slow rate of evolution.' …


Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel Nov 2007

Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel

Missouri Law Review

This Article explores the power of trust to shape where we live and how we live. It aims to provide a new set of first principles to reshape the common interest community (CIC) paradigm, so that the promise of social trust, rather than control and punishment, can enhance the cultural and economic success of this Goliath of residential living.


Ferric Gluconate Yields Cost-Savings In Hemodialysis Patients With High Ferritin And Low Tsat: Results From The Drive Studies, Laura T. Pizzi, Thomas J. Bunz, David S. Goldfarb, Daniel W. Coyne, Ajay K. Singh Nov 2007

Ferric Gluconate Yields Cost-Savings In Hemodialysis Patients With High Ferritin And Low Tsat: Results From The Drive Studies, Laura T. Pizzi, Thomas J. Bunz, David S. Goldfarb, Daniel W. Coyne, Ajay K. Singh

College of Population Health Lectures, Presentations, Workshops

Purpose: One third of hemodialysis patients have high serum ferritin levels and low transferrin saturation (TSAT). The purpose of this analysis was to determine the cost effectiveness of administering 1g of sodium ferric gluconate complex (SFGC: also referred to as ferric gluconate) to patients with serum ferritin >500ng/mL and TSAT ≤25% based on the Dialysis Patients Response to IV Iron with Elevated Ferritin (DRIVE) study and its 6-week observational extension (DRIVE-II). In these studies, IV iron administration resulted in reduced epoetin requirements.

Methods: Decision analysis was performed using a time horizon of 12 weeks, consistent with the combined duration of …


Macroscopic Consequences Of Calcium Signaling In Microdomains: A First-Passage-Time Approach, Robert Rovetti Nov 2007

Macroscopic Consequences Of Calcium Signaling In Microdomains: A First-Passage-Time Approach, Robert Rovetti

Mathematics, Statistics and Data Science Faculty Works

Calcium (Ca) plays an important role in regulating various cellular processes. In a variety of cell types, Ca signaling occurs within microdomains where channels deliver localized pulses of Ca activating a nearby collection of Ca-sensitive receptors. The small number of channels involved ensures that the signaling process is stochastic. The aggregate response of several thousand of these microdomains yields a whole-cell response which dictates the cell behavior. Here, we study the statistical properties of a population of these microdomains in response to a trigger signal. We use a first-passage-time approach to show analytically how Ca release in the whole cell …


Nebline, Nov./Dec. 2007 Nov 2007

Nebline, Nov./Dec. 2007

NEBLINE Newsletter Archive from Nebraska Extension in Lancaster County

Internet is Popular Way to Access Extension
When it Comes to Being Wired, Youth are Leading the Way
Storage Methods to Reduce Loss of Hay Quality
Grain Stubble Rental Rates
Organic Production
Winter Protection for Roses
Make a Holiday Wreath
Winter Gardening Activities for Kids of All Ages
Turkey Tips
Cheesy Turkey Lasagna Recipe
Mediterranean Diet Offers Healthy Benefits
FREE Seminar, “Making Many Meals Using a Few Ingredients”
Mediterranean Soup
President’s Notes — Alice’s Analysis
Household Hints: Caring for Fleece
The Holidays When There are No Close Family Ties
FCE News & Events
Holiday Safety Tips
Holiday Gifts Needed for …


Ordinariness And Orders: Explaining Popular Participation In The Rwandan Genocide, Lars Waldorf Nov 2007

Ordinariness And Orders: Explaining Popular Participation In The Rwandan Genocide, Lars Waldorf

Genocide Studies and Prevention: An International Journal

The most troubling and perplexing aspect of the Rwandan Genocide is why so many joined the killings so quickly. This participation seems even less comprehensible given the violence’s terrifying intimacy: ordinary killers often turned on their Tutsi neighbors and family members, using machetes and other everyday tools. Searching for answers, journalists and even some scholars have clutched at comforting metaphors and mono-causal explanations: a ‘‘blood orgy,’’ tribalism, ethnic hatred, hate radio, a ‘‘culture of obedience,’’ structural violence, and ‘‘conspiracy to murder.’’ With bracing clarity and scrupulous fairness, Scott Straus painstakingly demolishes these simplistic notions and sets a new standard for …


Relative Contributions Of Enterococcus Faecalis Og1rf Sortase-Encoding Genes, Srta And Bps (Srtc), To Biofilm Formation And A Murine Model Of Urinary Tract Infection, Kelvin D Kemp, Kavindra V Singh, Sreedhar R Nallapareddy, Barbara E Murray Nov 2007

Relative Contributions Of Enterococcus Faecalis Og1rf Sortase-Encoding Genes, Srta And Bps (Srtc), To Biofilm Formation And A Murine Model Of Urinary Tract Infection, Kelvin D Kemp, Kavindra V Singh, Sreedhar R Nallapareddy, Barbara E Murray

Faculty, Staff and Student Publications

Deletion mutants of the two sortase genes of Enterococcus faecalis OG1RF were constructed. srtC (renamed here bps for biofilm and pilus-associated sortase) was previously shown to be necessary for the production of Ebp pili and important for biofilm formation and endocarditis. Here, we report that a srtA deletion mutant showed a small (5%) yet significant (P = 0.037) reduction in biofilm relative to OG1RF, while a DeltasrtA Deltabps double mutant showed a much greater reduction (74% versus OG1RF and 44% versus the Deltabps mutant). In a murine urinary tract infection (UTI), the 50% infective doses of both the DeltasrtA Deltabps …


Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso Nov 2007

Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso

Cardozo Law Review

No abstract provided.


The Role Of Preaching In Revitalizing Declining Churches, Jammie D. Vance Nov 2007

The Role Of Preaching In Revitalizing Declining Churches, Jammie D. Vance

Doctoral Dissertations and Projects

A review of current literature demonstrates that very little material is available to assist Pastors in declining churches, develop a preaching plan to effect turn around in their church. The purpose of this project is to explore various styles of preaching and decide what style is biblical and most effective in reviving a declining church. This project also explores the causes and needs of the declining church so as to determine what subjects need to be addressed by the pastor of the declining church.


Legal Systems And Earnings Quality: The Role Of Auditor Industry Specialization, Chee Yeow Lim, Soo Young Kwon, Patricia Mui Siang Tan Nov 2007

Legal Systems And Earnings Quality: The Role Of Auditor Industry Specialization, Chee Yeow Lim, Soo Young Kwon, Patricia Mui Siang Tan

Research Collection School Of Accountancy

This paper extends prior studies in auditor industry specialization to an international setting and examines if the impact of industry specialist auditors on earnings quality is dependent on the legal environments. Using data for 28 countries over 20 industries from 1993 to 2003, we find that clients of industry specialist auditors have lower discretionary current accruals and higher earnings response coefficients than clients of nonspecialist auditors. In addition, we find that the impact of auditor industry specialization on earnings quality increases as the legal environment weakens. Collectively, the results suggest that the benefits from engaging the services of industry specialist …


The Commandeerer In Chief, Jason Mazzone Nov 2007

The Commandeerer In Chief, Jason Mazzone

Notre Dame Law Review

As Hurricane Katrina demonstrated, federalism can impede the government's ability to plan for and respond to emergencies. Many emergencies transcend federalist divisions of power and responsibility, rendering unclear which level of government should respond. In addition, while emergencies may require a coordinated response by heal, state, and national government, getting different levels of government to work together in times of crises is difficult. Further, even when states and localities call for outside assistance, they tend to resist undue federal interference in their affairs;a national government that lacks experience working with local actors on the ground can find it difficult to …


Can Separate Be Equal - Single-Sex Classrooms, The Constitution, And Title Ix, Benjamin P. Carr Nov 2007

Can Separate Be Equal - Single-Sex Classrooms, The Constitution, And Title Ix, Benjamin P. Carr

Notre Dame Law Review

No abstract provided.


Crusading For The Helpless Or Biting The Hand That Feeds - Applying Landlord-Tenant Law To Residents In Shelters, Matthew R. Hays Nov 2007

Crusading For The Helpless Or Biting The Hand That Feeds - Applying Landlord-Tenant Law To Residents In Shelters, Matthew R. Hays

Notre Dame Law Review

No abstract provided.


Reclaiming Mcdonnell Douglas, Martin J. Katz Nov 2007

Reclaiming Mcdonnell Douglas, Martin J. Katz

Notre Dame Law Review

No abstract provided.


A Preliminary Investigation Of Affective Interaction In Chronic Pain Couples, Ayna B. Johansen, Annmarie Cano Nov 2007

A Preliminary Investigation Of Affective Interaction In Chronic Pain Couples, Ayna B. Johansen, Annmarie Cano

Psychology Faculty Research Publications

The objective of this preliminary study was to examine the extent to which affective marital interaction related to depressive symptoms in persons with chronic pain and their spouses and to pain severity in persons with pain. Couples from the community completed self-report surveys and engaged in a videotaped conversation on a topic of mutual disagreement that was coded for three affect types (i.e., anger/contempt, sadness, humor). Humor was positively related to marital satisfaction in both partners. Spouse anger/contempt and sadness were positively related to depressive symptoms in spouses. Several significant interaction effects between couple pain status (i.e., whether one or …


A Modified X̄ Control Chart For Samples Drawn From Finite Populations, Michael B. C. Khoo Nov 2007

A Modified X̄ Control Chart For Samples Drawn From Finite Populations, Michael B. C. Khoo

Journal of Modern Applied Statistical Methods

The X̄ chart works well under the assumption of random sampling from infinite populations. However, many process monitoring scenarios may consist of random sampling from finite populations. A modified X̄ chart is proposed in this article to solve the problems encountered by the standard X̄ chart when samples are drawn from finite populations.


Generalized Linear Mixed-Effects Models For The Analysis Of Odor Detection Data, Sandra Hall, Matthew S. Mayo, Xu-Feng Niu, James C. Walker Nov 2007

Generalized Linear Mixed-Effects Models For The Analysis Of Odor Detection Data, Sandra Hall, Matthew S. Mayo, Xu-Feng Niu, James C. Walker

Journal of Modern Applied Statistical Methods

Olfactory detection has become a science of interest. Seven individuals’ odor detection abilities are explored and an attempt is made to characterize all subjects with one generalized linear mixed effects model. Two methods of fitting the models were used and simulations were conducted to discover which method yielded the best results.


Operating Characteristics Of The Dif Mimic Approach Using Jöreskog’S Covariance Matrix With Ml And Wls Estimation For Short Scales, Michaela N. Gelin, Bruno D. Zumbo Nov 2007

Operating Characteristics Of The Dif Mimic Approach Using Jöreskog’S Covariance Matrix With Ml And Wls Estimation For Short Scales, Michaela N. Gelin, Bruno D. Zumbo

Journal of Modern Applied Statistical Methods

Type I error rate of a structural equation modeling (SEM) approach for investigating differential item functioning (DIF) in short scales was studied. Muthén’s SEM model for DIF was examined using a covariance matrix (Jöreskog, 2002). It is conditioned on the latent variable, while testing the effect of the grouping variable over-and-above the underlying latent variable. Thus, it is a multiple-indicators, multiple-causes (MIMIC) DIF model. Type I error rates were determined using data reflective of short scales with ordinal item response formats typically found in the social and behavioral sciences. Results indicate Type I error rates for the DIF MIMIC model, …


The Hilltop 11-1-2007, Hilltop Staff Nov 2007

The Hilltop 11-1-2007, Hilltop Staff

The Hilltop: 2000 - 2010

No abstract provided.


The Black Hole Mass Of Ngc 4151: Comparison Of Reverberation Mapping And Stellar Dynamical Measurements, Christopher A. Onken, Monica Valluri, Bradley M. Peterson, David Merritt, Et Al. Nov 2007

The Black Hole Mass Of Ngc 4151: Comparison Of Reverberation Mapping And Stellar Dynamical Measurements, Christopher A. Onken, Monica Valluri, Bradley M. Peterson, David Merritt, Et Al.

Articles

We present a stellar dynamical estimate of the black hole (BH) mass in the Seyfert 1 galaxy, NGC 4151. We analyze ground-based spectroscopy as well as imaging data from the ground and space, and we construct 3-integral axisymmetric models in order to constrain the BH mass and mass-to-light ratio. The dynamical models depend on the assumed inclination of the kinematic symmetry axis of the stellar bulge. In the case where the bulge is assumed to be viewed edge-on, the kinematical data give only an upper limit to the mass of the BH of ∼ 4 × 107 M⊙ (1 ). …


School-Wide Screening And Programs Of Pbs: Informing Universal Interventions, Michelle Marchant, Darlene Anderson, Paul Caldarella, Ben Young, K. Richard Young, Adam Fisher Nov 2007

School-Wide Screening And Programs Of Pbs: Informing Universal Interventions, Michelle Marchant, Darlene Anderson, Paul Caldarella, Ben Young, K. Richard Young, Adam Fisher

Faculty Publications

Overriding Purpose – to describe a data driven process that can be used to (a) identify areas of school-wide concern (b) aid in the identification and design of universal interventions.


Eagleville Times, Volume 5, Issue 21, Debbie Ryan Nov 2007

Eagleville Times, Volume 5, Issue 21, Debbie Ryan

Eagleville Times

No abstract provided.


Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice Nov 2007

Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice

Cardozo Law Review

No abstract provided.


A Tune-Up On The Engine Of Free Expression: The Traditional Contours Of Copyright In Golan, Keith Glaser Nov 2007

A Tune-Up On The Engine Of Free Expression: The Traditional Contours Of Copyright In Golan, Keith Glaser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Trade Dress Protection For Web Sites: Is It Time For The Law To Overtake Theory?, Matthew Formeller Nov 2007

Trade Dress Protection For Web Sites: Is It Time For The Law To Overtake Theory?, Matthew Formeller

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Teaching Property - A Conceptual Approach, Dale A. Whitman Nov 2007

Teaching Property - A Conceptual Approach, Dale A. Whitman

Missouri Law Review

The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …


Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Nov 2007

Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which …


Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller Nov 2007

Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We study jury trial waivers in a data set of 2,816 contracts contained as exhibits in Form 8-K filings by reporting corporations during 2002. Because these contracts are associated with events deemed material to the financial condition of SEC-reporting firms, they likely are carefully negotiated by sophisticated, well-informed parties and thus provide presumptive evidence about the value associated with the availability of jury trials. A minority of contracts, about 20 percent, waived jury trials. An additional 9 percent of contracts had arbitration clauses that effectively preclude jury trials though the reason for arbitration clauses need not specifically relate to juries. …


Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson Nov 2007

Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson

Missouri Law Review

The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …