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2007

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On A Moral Right To Civil Disobedience, David Lefkowitz Jan 2007

On A Moral Right To Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

In this essay I argue that citizens of a liberal-democratic state, one that I argue has a morally justified claim to political authority, enjoy a moral right to engage in acts of suitably constrained civil disobedience, or what I will call a moral right to public disobedience. Such a claim may well appear inconsistent with the duty usually thought to correlate to a legitimate state’s right to rule, namely, a moral duty to obey the law. If successful, however, the arguments that follow entail that the duty correlative to a liberal-democratic state’s justified claim to political authority is in fact …

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Rapid Structural Mapping Of Ternary Metallic Alloy Systems Using The Combinatorial Approach And Cluster Analysis, C. J. Long, Jason R. Hattrick-Simpers, M. Murakami, R. C. Srivastava, I. Takeuchi, V. L. Karen, X. Li Jan 2007

Rapid Structural Mapping Of Ternary Metallic Alloy Systems Using The Combinatorial Approach And Cluster Analysis, C. J. Long, Jason R. Hattrick-Simpers, M. Murakami, R. C. Srivastava, I. Takeuchi, V. L. Karen, X. Li

Faculty Publications

We are developing a procedure for the quick identification of structural phases in thin film composition spread experiments which map large fractions of compositional phase diagrams of ternary metallic alloy systems. An in-house scanning x-ray microdiffractometer is used to obtain x-ray spectra from 273 different compositions on a single composition spread library. A cluster analysissoftware is then used to sort the spectra into groups in order to rapidly discover the distribution of phases on the ternary diagram. The most representative pattern of each group is then compared to a database of known structures to identify known phases. Using this method, …

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Accidental Rights, James Gibson Jan 2007

Accidental Rights, James Gibson

Law Faculty Publications

Written for the Yale Law Journal's online Pocket Part, this is a much shorter and (I hope) more accessible iteration of my earlier paper, Risk Aversion and Rights Accretion in Intellectual Property Law, 116 Yale L.J. 882 (2007). It summarizes that paper's central point - i.e., that intellectual property entitlements are growing not just because of expansive court decisions and legislative enactments, but also because of seemingly sensible, risk-averse licensing decisions that inadvertently feed back into legal doctrine - and then explores how this phenomenon might apply to (and be manipulated by) enterprises such as Google Book Search.

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Minority Report: John Marshall And The Defense Of The Alien And Sedition Acts, Kurt T. Lash Jan 2007

Minority Report: John Marshall And The Defense Of The Alien And Sedition Acts, Kurt T. Lash

Law Faculty Publications

In 1799, the Federalist minority of the Virginia House of Delegates produced an extended defense of the Alien and Sedition Acts. This Minority Report responded to Madison's famous Virginia Resolutions and efforts by Virginia Republicans to tar the Adams Administration with having exceeded its powers under the federal Constitution. Originally attributed to John Marshall by biographer Albert Beveridge, recent biographies of Marshall have omitted the episode or rejected Beveridge's claim. The current editors of the Papers of John Marshall omitted the Minority Report from their multi-volume collection of Marshall's work and have successfully lobbied editors of similar collections to remove …

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Ebay V. Mercexchange: Looking At The Cause And Effect Of A Shift In The Standard For Issuing Patent Injunctions, Rebecca A. Hand Jan 2007

Ebay V. Mercexchange: Looking At The Cause And Effect Of A Shift In The Standard For Issuing Patent Injunctions, Rebecca A. Hand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Simulation Of Polarization Curves For Oxygen Reduction Reaction In 0.5 M H2So4 At A Rotating Ring Disk Electrode, Qingbo Dong, Shriram Santhanagopalan, Ralph E. White Jan 2007

Simulation Of Polarization Curves For Oxygen Reduction Reaction In 0.5 M H2So4 At A Rotating Ring Disk Electrode, Qingbo Dong, Shriram Santhanagopalan, Ralph E. White

Faculty Publications

A cylindrical two-dimensional model based on the Nernst–Planck equations, the Navier–Stokes equation, and the continuity equation is used to simulate the oxygen reduction reaction in 0.5MH2SO4 at a rotating ring disk electrode. Concentration distributions and a potential profile are obtained as a function of the axial and radial distances from the center of the electrode surface. Polarization curves are simulated to interpret experimental results by studying various reaction mechanisms, i.e., the four-electron-transfer reduction of oxygen, the two-electron-transfer reduction of oxygen, a combination of the above two reactions, mechanisms with reduction of peroxide to water, and/or the heterogeneous …

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Parameter Estimation And Model Discrimination For A Lithium-Ion Cell, Shriram Santhanagopalan, Qingzhi Guo, Ralph E. White Jan 2007

Parameter Estimation And Model Discrimination For A Lithium-Ion Cell, Shriram Santhanagopalan, Qingzhi Guo, Ralph E. White

Faculty Publications

Two different models were used to obtain transport and kinetic parameters using nonlinear regression from experimental charge/discharge curves of a lithium-ion cell measured at 35°C under four rates, C/5, C/2, 1C, and 2C, where the C rate is 1.656A . The Levenberg-Marquardt method was used to estimate parameters in the models such as the diffusion of lithium ions in the positive electrode. A confidence interval for each parameter was also presented. The parameter values lie within their confidence intervals. The use of statistical weights to correct for the scatter in experimental data as well as to treat one set of …

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Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell Jan 2007

Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell

Cardozo Journal of Conflict Resolution

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …

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Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges Jan 2007

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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In Search Of Validity: A New Model For The Content And Procedural Treatment Of Trademark Infringement Surveys, Irina D. Manta Jan 2007

In Search Of Validity: A New Model For The Content And Procedural Treatment Of Trademark Infringement Surveys, Irina D. Manta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco Jan 2007

On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary Jan 2007

Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler Jan 2007

Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Striking A Balance Between Protecting Civil Rights And Free Speech On The Internet: The Fair Housing Act Vs. The Communications Decency Act, Rachel Kurth Jan 2007

Striking A Balance Between Protecting Civil Rights And Free Speech On The Internet: The Fair Housing Act Vs. The Communications Decency Act, Rachel Kurth

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Effects Of Cropland Conservation Practices On Fish And Wildlife Habitat, Stephen J. Brady Jan 2007

Effects Of Cropland Conservation Practices On Fish And Wildlife Habitat, Stephen J. Brady

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

A literature review of commonly applied cropland soil and water conservation practices and their impact on fish and wildlife habitat is presented. Agriculture has had the most extensive effect on wildlife habitat of any human-induced factor in the United States. Any practice that improves runoff water quality and/or reduces sediment delivery will have beneficial effects to aquatic ecosystems. Many soil and water conservation practices have additional benefits to wildlife when applied in a habitat-friendly manner, but may have little or no benefit when applied otherwise. Wildlife and agriculture can coexist if land is managed to conserve sufficient biological integrity in …

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A Comparison Of Pollen Counts: Light Versus Scanning Electron Microscopy, Gretchen D. Jones, Vaughn M. Bryant Jr. Jan 2007

A Comparison Of Pollen Counts: Light Versus Scanning Electron Microscopy, Gretchen D. Jones, Vaughn M. Bryant Jr.

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

Palynologists use compound light microscopy (LM) for pollen identification and interpretation and scanning electron microscopy (SEM) for morphological comparisons and taxonomy. As we are unaware of any published reports comparing LM and SEM pollen counts and identifications of the same sample, we decided to examine a surface soil sample using both microscopes. Standard palynological extraction techniques were used. Two, 300 grain counts were made using LM, and two, 300 counts with SEM. Pollen grains viewed with SEM were also divided into three categories, ‘‘identifiable,’’ ‘‘obscured,’’ and ‘‘virtually impossible to identify’’. Eighty-six (86) percent of the pollen grains counted with SEM …

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Spectral Analysis Of Coastal Vegetation And Land Cover Using Aisa+ Hyperspectral Data, R. Jensen, P. Mausel, N. Dias, R. Gonser, C. Yang, J. Everitt, R. Fletcher Jan 2007

Spectral Analysis Of Coastal Vegetation And Land Cover Using Aisa+ Hyperspectral Data, R. Jensen, P. Mausel, N. Dias, R. Gonser, C. Yang, J. Everitt, R. Fletcher

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

This paper describes a spectral analysis of several coastal land cover types in
South Padre Island, Texas using AISA+ hyperspectral remote sensing data.
AISA+ hyperspectral data (1.5 metre) were acquired throughout the area on 9
March 2005. Data over mangrove areas were converted to percent reflectance
using four 8 ×8 metre reflectance tarps (4%, 16%, 32% and 48%) and empirical
line calibration. These data were then compared to percent reflectance values of
other terrestrial features to determine the ability of AISA+ data to distinguish
features in coastal environments. Results suggest that these data may be
appropriate to …

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Assuming Responsibility: Thomas F. Eagleton, The Senate And The Bombing Of Cambodia, Joel K. Goldstein Jan 2007

Assuming Responsibility: Thomas F. Eagleton, The Senate And The Bombing Of Cambodia, Joel K. Goldstein

All Faculty Scholarship

The past has a way of repeating itself. Events may not reoccur in the precise manner previously experienced; yet, the pattern often is sufficiently familiar to resemble one encountered before. For those who experienced the Vietnam years, the war in Iraq carries some feeling of “déjà vu all over again.”[1] There are differences, to be sure, yet a familiar pattern emerges—a failed discretionary war on foreign shores, executive use of manipulated intelligence to build support, the parade of shifting rationales offered to replace those exposed as unconvincing, the presidential deceit and dissembling, the legislative abdication.

Thomas F. Eagleton spent the …

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The Stagonospora Nodorum-Wheat Pathosystem Involves Multiple Proteinaceous Host-Selective Toxins And Corresponding Host Sensitivity Genes That Interact In An Inverse Gene-For-Gene Manner, Timothy L. Friesen, Steven W. Meinhardt, Justin D. Faris Jan 2007

The Stagonospora Nodorum-Wheat Pathosystem Involves Multiple Proteinaceous Host-Selective Toxins And Corresponding Host Sensitivity Genes That Interact In An Inverse Gene-For-Gene Manner, Timothy L. Friesen, Steven W. Meinhardt, Justin D. Faris

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

We recently showed that the wheat pathogen Stagonospora nodorum produces proteinaceous host-selective toxins (HSTs). These toxins include SnTox1 as well as SnToxA, a HST first identified from Pyrenophora tritici-repentis that was implicated in a very recent horizontal gene transfer event from S. nodorum to P. triticirepentis. Compelling evidence implicating SnToxA and SnTox1 in disease development has been obtained. Here, we report the partial purification and characterization of a third HST designated SnTox2, as well as the genetic characterization of the corresponding host-sensitivity gene. SnTox2 was protease sensitive and is estimated between 7 and 10 kDa in size. Sensitivity to …

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Occurrence Of The Waxy Alleles Wxa And Wxb In Waxy Sorghum Plant Introductions And Their Effect On Starch Thermal Properties, Jeffrey F. Pedersen, Robert A. Graybosch, D. L. Funnell Jan 2007

Occurrence Of The Waxy Alleles Wxa And Wxb In Waxy Sorghum Plant Introductions And Their Effect On Starch Thermal Properties, Jeffrey F. Pedersen, Robert A. Graybosch, D. L. Funnell

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

The existence of two waxy alleles, wxa associated with no detectable granule bound starch synthase (GBSS) and wxb associated with apparently inactive GBSS, was recently reported in sorghum [Sorghum bicolor (L.) Moench]. In this paper, the occurrence of the wxa and wxb alleles in the USDA-ARS photoperiod-insensitive sorghum collection was determined, and the effects of the wxa and wxballeles on thermal properties of sorghum starch (gelatinization temperatures and energy requirements) measured by differential scanning calorimetry. Of the 51 purported waxy accessions examined, 14 tested positive for presence of amylose by iodine staining and …

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Tiger, Tiger, Burning Bright, Tatjana Soli Jan 2007

Tiger, Tiger, Burning Bright, Tatjana Soli

Yalobusha Review

No abstract provided.

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Accidental Inversion During 3d Rotation With 2-Dof Input Devices, Derek Daniel Diaz Jan 2007

Accidental Inversion During 3d Rotation With 2-Dof Input Devices, Derek Daniel Diaz

Electronic Theses and Dissertations

This dissertation focuses on a human operator's ability to perform rotational control of a three-dimensional object using two-degrees of freedom (DOF) interface devices. Although input devices designed specifically for 3D interaction exist, devices traditionally used for two-dimensional user interaction, such as a mouse or joystick, have become ubiquitous to computer tasks. This research examines a particular human-computer interaction issue that arises from stimulus-response compatibility between three-dimensional stimuli spaces and 2-DOF response sets. The focal point of this research is a phenomenon referred to here as accidental inversion. Accidental inversions occur when an operator erroneously moves a three-dimensional object in a …

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The Systemic Nature Of Critical Infrastructure Protection Using A Medium Sized Company As The Case Study, Jeffery Sewell Jan 2007

The Systemic Nature Of Critical Infrastructure Protection Using A Medium Sized Company As The Case Study, Jeffery Sewell

Theses : Honours

Critical infrastructure can be defined as privately and publicly run organisations such as energy systems, water systems, transportation, telecommunications, emergency services, banking and finance. The critical infrastructure (CI) on which society relies is now dependent on the interconnected communication networks the information age has spawned. With the evolution of the information age, not only has the communications landscape changed dramatically, the security landscape has changed too. With information technology being so ubiquitous, it has created new underlying concerns about the systems now reliant on them. The reliance and complexity of these interconnected systems has increased vulnerabilities confronting critical infrastructure. This …

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The Effect Of Massed And Spaced Presentation And Practice On Repetition Priming, Catherine Mcneilly Jan 2007

The Effect Of Massed And Spaced Presentation And Practice On Repetition Priming, Catherine Mcneilly

Theses : Honours

This review examines the current literature with regard to repetition priming and practice. The empirical research and theoretical accounts of repetition priming reviewed indicate that repetition priming increases with practice. The review also indicates that an effect for the type of presentation of the stimuli during an experiment exists and that this effect may moderate the influence of practice on repetition priming. The variations in experimental design between studies are discussed, providing a possible explanation for contrasting findings within repetition priming research. Further research is identified and discussed. The aim of this study was to investigate the effect of Massed …

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Law School Catalog 2007, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jan 2007

Law School Catalog 2007, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

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Intelligent Design Will Survive: Kitzmiller V. Dover, David Dewolf, John G. West, Casey Luskin Jan 2007

Intelligent Design Will Survive: Kitzmiller V. Dover, David Dewolf, John G. West, Casey Luskin

Montana Law Review

Intelligent Design Will Survive

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Disaster In Dover: The Trials (And Tribulations) Of Intelligent Design, Peter Irons Jan 2007

Disaster In Dover: The Trials (And Tribulations) Of Intelligent Design, Peter Irons

Montana Law Review

Disaster in Dover

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Reforming The Taxation Of Deferred Compensation, Ethan Yale, Gregg D. Polsky Jan 2007

Reforming The Taxation Of Deferred Compensation, Ethan Yale, Gregg D. Polsky

North Carolina Law Review

No abstract provided.

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The Securities Act Of 1933 After Slusa: Federal Class Actions Belong In Federal Court, William B. Snyder Jr. Jan 2007

The Securities Act Of 1933 After Slusa: Federal Class Actions Belong In Federal Court, William B. Snyder Jr.

North Carolina Law Review

No abstract provided.

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The Fragility Of The Affordable Care Act's Universal Coverage Strategy, Elizabeth Weeks Leonard Jan 2007

The Fragility Of The Affordable Care Act's Universal Coverage Strategy, Elizabeth Weeks Leonard

Scholarly Works

This paper was presented at DePaul University in March 2006, as part of a Symposium on Shaping a New Direction for Law and Medicine: An International Debate on Culture, Disaster, Biotechnology & Public Health. Following the catastrophic events of 2005, including Hurricane Katrina, Pakistani Earthquakes, bird flu transmission to human populations, and the real threat of bioterrorism, government struggled in the aftermath to make sense of the devastation and human displacement. Medical teams, try as they might, are not always prepared and alerted as to how best investigate and quickly render assistance. The Symposium addressed the role of government, policy-makers, …

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