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2007

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I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff Jan 2007

I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff

Articles & Book Chapters

Videoconferencing has generated ambivalence in the legal community. Some have heralded its promise of unprecedented access to justice, expecialy for geographicaly remote communities. Others, however, have questioned whether videoconferencing undermines fairness. The authors explore the impl'cations of videoconferencing through the case study of the Ontario Landlord and Tenant Tribunal, which is one of the busiest adjudicative bodies in Canada. This anaysis hig hghts concerns both with videoconferendng in princp4 and in practice. While such concerns traditionally have been the province of public administration, the authors argue that a tribunals allocation of resources and the suffidengy of its budget are also …


Inside The Rainforests Of The Sea: Coral Reefs And Their Endangerment, Roxanne Greitz Miller Jan 2007

Inside The Rainforests Of The Sea: Coral Reefs And Their Endangerment, Roxanne Greitz Miller

Education Faculty Articles and Research

This article focuses on coral reefs and their endangerment.


John Wesley Powell: White Water To White City, Marcia L. Thomas Jan 2007

John Wesley Powell: White Water To White City, Marcia L. Thomas

Scholarly Publications

No abstract provided.


Reducing The Social Exclusion Of Girls, Kelly Hallman, Eva Roca Jan 2007

Reducing The Social Exclusion Of Girls, Kelly Hallman, Eva Roca

Poverty, Gender, and Youth

Across the globe, girls are systematically excluded from participation in social, economic, and political life. The absence of girls in these arenas has implications not only for the young women themselves but also for society as a whole, exacerbating poverty and perpetuating disparities in health, education, and economic achievement. Internationally, this marginalization makes it difficult or impossible for some countries to achieve society-wide goals, such as the Millennium Development Goals identified by the United Nations as benchmarks to reduce poverty. For a number of years, the Population Council has been studying the causes and effects of girls’ social exclusion in …


Poverty And Fertility: Evidence And Agenda, Sajeda Amin, John B. Casterline, Laura Spess Jan 2007

Poverty And Fertility: Evidence And Agenda, Sajeda Amin, John B. Casterline, Laura Spess

Poverty, Gender, and Youth

This paper explores how poverty affects childbearing patterns in the contemporary developing world. In considering the association between poverty and fertility, we explore one measure of economic status, household asset holdings, in Demographic and Health Surveys conducted in 51 countries since 1990. The results show that the association between poverty and fertility differs according to the measure of fertility considered. We conclude there is much to be gained from distinguishing between the impact of poverty on fertility aspirations and the implementation of those aspirations.


Cryptic Speciation In Two Widespread Subterranean Amphipod Genera Reflects Historical Drainage Patterns In An Ancient Landscape, Stefan Eberhard, Stuart A. Halse, William F. Humphreys Jan 2007

Cryptic Speciation In Two Widespread Subterranean Amphipod Genera Reflects Historical Drainage Patterns In An Ancient Landscape, Stefan Eberhard, Stuart A. Halse, William F. Humphreys

KIP Abstracts

The landscape of the Pilbara region of Western Australia has been relatively unchanged for 100 million years. The ancient river systems of this region might be expected to be sources of isolation and divergence for aquatic species. Hence, the occurrence of widespread groundwater taxa in this landscape offers the opportunity to examine associations between genetic diversity and drainage patterns. Pilbarus and Chydaekata are two widespread genera of subterranean amphipods endemic to the Pilbara, each occupying multiple tributaries. We used molecular data to examine the roles of drainage patterns in structuring genetic diversity. Gene flow within a tributary may be facilitated …


Appropriate Constructiontechnology For Residence Inchao Phraya River Estuary :A Case Study Of Sakla Village, Songkiat Teartisup Jan 2007

Appropriate Constructiontechnology For Residence Inchao Phraya River Estuary :A Case Study Of Sakla Village, Songkiat Teartisup

NAKHARA (Journal of Environmental Design and Planning)

Construction technology from the West plays an important role in building constructionin Thailand, especially in the last 50 years. Major cities can absorb this latest technologyfaster and greater than any other city due to personnel, organization and capital. Thus theconstruction of small or large buildings using brand new technology have been constructedextravagantly and carelessly. Moreover, this trend also extends to other regions of the countrywhich lead to the neglect of folk wisdom. The wisdom of local construction has been substitutedby new technology without concern for the geography of the area. In 1996, however, theeconomic crisis caused construction business to come …


Walk Along My Mind: Space, Mobility, And The Significance Of Place, Jill M. Fraley Jan 2007

Walk Along My Mind: Space, Mobility, And The Significance Of Place, Jill M. Fraley

Scholarly Articles

In America mobility is seen as a measure of success, especially for persons born in rural areas, who are assumed to want to “move on up” as soon as possible. This pressure toward both social and spatial mobility is especially strong when the birthplace is an oppressed region such as Appalachia. Ironically, while the rest of the world has disowned Appalachia, the residents of the mountains have repeatedly proclaimed the significance of cultural investment in land. This article approaches the concept of place, illuminating several variations on the theme, while particularly illustrating the strength of place claimed by Appalachia.


Assessing The Spatial Accuracy Of Applanix DssTm Model-301 Sensor Stereo Imagery Using A Survey Gps Ground Control Network, Robert C. Weih Jr., David W. Rowton Jan 2007

Assessing The Spatial Accuracy Of Applanix DssTm Model-301 Sensor Stereo Imagery Using A Survey Gps Ground Control Network, Robert C. Weih Jr., David W. Rowton

Journal of the Arkansas Academy of Science

During the past decade, Geographic Information Systems (GISs) have become widely used in many disciplines and that has created demands for accurate high-resolution digital data, especially digital imagery. Photogrammetry has emerged as one of the most important disciplines employed in the collection of spatially related information for use in GIS databases, especially for terrestrial landscapes. This study assessed the horizontal and vertical accuracy of the Applanix Digital Sensor System (DSS"") 301 orthophotographs. The study area was located on the University of Arkansas at Monticello campus and included 950 acres. To assess the spatial accuracy of the DSS, 56 Ground Control …


An Assessment Of Song Admixture As An Indicator Of Hybridization In Black-Capped Chickadees (Poecile Atricapillus) And Carolina Chickadees (Poecile Carolinensis), Gene D. Sattler, Patricia Sawaya, Michael J. Braun Jan 2007

An Assessment Of Song Admixture As An Indicator Of Hybridization In Black-Capped Chickadees (Poecile Atricapillus) And Carolina Chickadees (Poecile Carolinensis), Gene D. Sattler, Patricia Sawaya, Michael J. Braun

Faculty Publications and Presentations

Vocal admixture often occurs where differentiated populations or species of birds meet. This may entail song sympatry, bilingually singing birds, and songs with intermediate or atypical characteristics. Different levels of vocal admixture at the range interface between Black-capped Chickadees (Poecile atricapillus) and Carolina Chickadees (P. carolinensis) have been interpreted as indicating that hybridization is frequent at some locations but not others. However, song ontogeny in these birds has a strong nongenetic component, so that inferences regarding hybridization based on vocal admixture require confirmation. We used diagnostic genetic markers and quantitative analyses of song to characterize population samples along two transects …


Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau Jan 2007

Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau

Nebraska Law Review

Perhaps no contractual clause invites as little respect as the noncompete agreement. In a few states, the agreement is void and unenforceable. In the remaining states, a noncompete agreement scarcely rises to the level of a legally enforceable contract. The traditional elements of contract formation are not found in a noncompete agreement. One often finds neither a bargained-for exchange nor a meeting of the minds in these agreements. Too often, the parties to a noncompete agreement do not believe that the agreement will be enforced according to its terms.

Similarly, courts give little credence to the agreement as it is …


A Descriptive Analysis Of The Perceived Importance And Use Of Scientific Research-Based Instructional Strategies Among West Virginia Teachers, Cheryl D. Belcher Jan 2007

A Descriptive Analysis Of The Perceived Importance And Use Of Scientific Research-Based Instructional Strategies Among West Virginia Teachers, Cheryl D. Belcher

Theses, Dissertations and Capstones

This study was designed to examine the perceived importance and extent of use of scientific research-based instructional strategies among West Virginia teachers. Specifically, the study investigated the extent to which perceived importance and frequency of use of scientific research-based instructional strategies differ between highly qualified teachers and non-highly qualified teachers. The core of the research was focused on ten scientific research-based instructional strategies identified by the MidContinental Regional Educational Laboratory. Participants were asked to complete a researcher-designed survey, the Instructional Strategies Inventory, to rate perceived importance and frequency of use for each of the ten strategies. The population for this …


From Reparation To Restoration: Moving Beyond Restoring Property Rights To Restoring Political And Economic Visibility, Bernadette Atuahene Jan 2007

From Reparation To Restoration: Moving Beyond Restoring Property Rights To Restoring Political And Economic Visibility, Bernadette Atuahene

SMU Law Review

No abstract provided.


Energy And Natural Resources, Miriam Grunstein, Juan Francisco Pardini, Andrew B. Derman, Andrew Melsheimer, Schuyler B. Marshall V, Maria Cecilia Andrade, Ilan Dunsky, Clarisse Kehler Siebert, Juan Francisco Mackenna, Marcos Rios Jan 2007

Energy And Natural Resources, Miriam Grunstein, Juan Francisco Pardini, Andrew B. Derman, Andrew Melsheimer, Schuyler B. Marshall V, Maria Cecilia Andrade, Ilan Dunsky, Clarisse Kehler Siebert, Juan Francisco Mackenna, Marcos Rios

The International Lawyer

No abstract provided.


A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer Jan 2007

A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer

Faculty Scholarship

Should the law prevent all parents and guardians from requesting and consenting to cosmetic genital surgeries on children with certain intersex conditions before the children are mature enough to decide the matter for themselves? While such surgeries ought not to be encouraged, banning the surgeries altogether, as some advocate, would hobble, if not eliminate, the burgeoning scientific investigation of the best treatment practices for different intersex conditions. It would also remove a surgical option that, according to data in a number of studies, has resulted in subjectively satisfactory outcomes for many patients.


From The Cloister To The World: Mainstreaming Early Modern French Convent Writing: An État Présent, Thomas M. Carr Jan 2007

From The Cloister To The World: Mainstreaming Early Modern French Convent Writing: An État Présent, Thomas M. Carr

French Language and Literature Papers

The article is an overview on recent scholarship dealing Ancien Régime convent writing. Although nuns constitute a large percentage of the seventeenth-century women authors whose writings were published, except for a few figures like Marie de l’Incarnation Guyart or the Port-Royal nuns, their texts have been largely ignored, even by scholars engaged in the retrieval of women’s writing during the period. This is in contrast to Italian and Hispanic studies, where the contribution of convent writing is acknowledged as central. The état present discusses reasons for this neglect, the methodological challenges and perspectives for further research, along with a 120 …


Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol Jan 2007

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

Indiana Journal of Global Legal Studies

The Internationale expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to the articles by Carole Silver and Len Bierman and Michael Hitt on law firm expansion in this symposium issue on the Globalization of the Legal Profession. The essay utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./UK. dominance of capital markets, corporate and …


A Test Of The Cross-Scale Resilience Model: Functional Richness In Mediterranean-Climate Ecosystems, Donald A. Wardwell, Craig R. Allen, Garry D. Peterson, Andrew J. Tyre Jan 2007

A Test Of The Cross-Scale Resilience Model: Functional Richness In Mediterranean-Climate Ecosystems, Donald A. Wardwell, Craig R. Allen, Garry D. Peterson, Andrew J. Tyre

Nebraska Cooperative Fish and Wildlife Research Unit: Staff Publications

Ecological resilience has been proposed to be generated, in part, in the discontinuous structure of complex systems. Environmental discontinuities are reflected in discontinuous, aggregated animal body mass distributions. Diversity of functional groups within body mass aggregations (scales) and redundancy of functional groups across body mass aggregations (scales) has been proposed to increase resilience. We evaluate that proposition by analyzing mammalian and avian communities of Mediterranean-climate ecosystems. We first determined that body mass distributions for each animal community were discontinuous. We then calculated the variance in richness of function across aggregations in each community, and compared observed values with distributions created …


Nebraska Earth Systems Education Network – Winter 2006/07 Jan 2007

Nebraska Earth Systems Education Network – Winter 2006/07

Nebraska Earth Systems Education Network

Content:

Second Lab Earth Course to Study Natural Resources by Karen Pietsch

Teacher Spotlight: Bob Fuerer By Karen Pietsch

Carbon Offsets Offer Environmental Penance, Promotion By Karen Pietsch

Lab Earth Concepts Carried into Classrooms By Karen Pietsch

‘Advanced Scholars’ Helps High School- College Transition By Karen Pietsch

New Masters of Arts Option Focuses on Applied Science by Karen Pietsch


Development And Analysis Of A 12-Year Daily 1-Km Forest Fire Dataset Across North America From Noaa/Avhrr Data, Ruiliang Pu, Zhanqing Li, Peng Gong, Ivan Csiszar, Robert Fraser, Wei-Min Hao, Shobha Kondragunta, Fuzhong Weng Jan 2007

Development And Analysis Of A 12-Year Daily 1-Km Forest Fire Dataset Across North America From Noaa/Avhrr Data, Ruiliang Pu, Zhanqing Li, Peng Gong, Ivan Csiszar, Robert Fraser, Wei-Min Hao, Shobha Kondragunta, Fuzhong Weng

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Fires in boreal and temperate forests play a significant role in the global carbon cycle. While forest fires in North America (NA) have been surveyed extensively by U.S. and Canadian forest services, most fire records are limited to seasonal statistics without information on temporal evolution and spatial expansion. Such dynamic information is crucial for modeling fire emissions. Using the daily Advanced Very High Resolution Radiometer (AVHRR) data archived from 1989 to 2000, an extensive and consistent fire product was developed across the entire NA forest regions on a daily basis at 1-km resolution. The product was generated following data calibration, …


Exemplar, Winter 2007, Eastern Michigan University Jan 2007

Exemplar, Winter 2007, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.


Fro Spot My Spyryt Per Sprang In Space : Transgressing Ineffable Boundaries In Pearl / By William Storm, William Storm Jan 2007

Fro Spot My Spyryt Per Sprang In Space : Transgressing Ineffable Boundaries In Pearl / By William Storm, William Storm

Electronic Theses and Dissertations

No abstract provided.


The Man Who Ate Michael Rockefeller, And Other Stories/ By Christopher Stokes, Christopher Stokes Jan 2007

The Man Who Ate Michael Rockefeller, And Other Stories/ By Christopher Stokes, Christopher Stokes

Electronic Theses and Dissertations

No abstract provided.


Visual Representations Of The Spatial Relationship Between Bermuda High Strengths And Hurricane Tracks, Jason T. Knowles, Michael Leitner Jan 2007

Visual Representations Of The Spatial Relationship Between Bermuda High Strengths And Hurricane Tracks, Jason T. Knowles, Michael Leitner

Faculty Publications

The 2004 and 2005 hurricane seasons dramatically demonstrated the magnitude of the societal significance of hurricanes, negatively impacting on all scales from the personal to the national. Although definitive identification of the forcing mechanisms controlling hurricane tracks and landfall patterns remains elusive, increasing evidence supports the hypothesis that the increase in hurricane activity along the Gulf Coast is due to a southwestward shift in the position of the Bermuda High. This research uses multiple visualization techniques to explore the spatial correlation between Bermuda High strengths - as interpreted from the North Atlantic Oscillation (NAO) index - and hurricane tracks. Using …


Use Of The Global Positioning System In The Field Recovery Of Scattered Human Remains, Ginesse A. Listi, Mary H. Manhein, Michael Leitner Jan 2007

Use Of The Global Positioning System In The Field Recovery Of Scattered Human Remains, Ginesse A. Listi, Mary H. Manhein, Michael Leitner

Faculty Publications

This study examines the Global Positioning System (GPS) as a tool for field mapping of scattered human remains or other materials in forensic investigations. Two aspects of the GPS are considered: (1) the level of accuracy that can be obtained using a mid-priced GPS unit, and (2) the effectiveness of using the GPS to map scattered materials. The positional accuracy of the GPS receiver was tested using a National Geodetic Survey (NGS) point located in Baton Rouge, LA. The utility of the GPS for mapping was investigated by setting up a mock field recovery and mapping the remains using both …


The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In The Contracts Of Publicly Held Companies, Theodore Eisenberg, Geoffrey P. Miller Jan 2007

The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In The Contracts Of Publicly Held Companies, Theodore Eisenberg, Geoffrey P. Miller

Faculty Articles

We study a data set of 2,858 contracts contained as exhibits in Form 8-K filings by reporting corporations over a six month period in 2002 for twelve types of contracts and a seven month period in 2002 for merger contracts. Because 8-K filings are required only for material events, these contracts likely are carefully negotiated by sophisticated parties who are well-informed about the contract terms. These contracts, therefore, provide evidence of efficient ex ante solutions to contracting problems. The vast majority of contracts did not require arbitration. Only about 11 percent of the contracts included binding arbitration clauses. The rate …


Popular Dissatisfaction With The Administration Of Justice: A Retrospective (And A Look Ahead), Barry Friedman Jan 2007

Popular Dissatisfaction With The Administration Of Justice: A Retrospective (And A Look Ahead), Barry Friedman

Faculty Articles

The author argues with the speech of Roscoe Pound in 1906 about popular dissatisfaction with the administration of justice. He states that Pound had diagnosed early 20th century disaffection with the judiciary in his speech. He notes that Pound discussed a set of ills society faced some 100 years ago and the place of the judiciary in it. He thinks that Pound brought to his talk the best and worst of his deep affection for and expertise in botany.


Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff Jan 2007

Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff

Faculty Articles

This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author’s proposed approach with the broader mission of legal education.


Keynote Address: Global Citizenship, Kwame Anthony Appiah Jan 2007

Keynote Address: Global Citizenship, Kwame Anthony Appiah

Faculty Articles

These three ideas then, I, a twenty-first century American citizen of Anglo-Ghanian ancestry, want to borrow from a citizen of Sinope who dreamed of global citizenship twenty-four centuries ago: (1) We do not need a single world government; but (2) we must care for the fate of all human beings inside and outside our own societies; and (3) we have much to gain from conversation with one another across our differences.


Just Until Payday, Ronald J. Mann, Jim Hawkins Jan 2007

Just Until Payday, Ronald J. Mann, Jim Hawkins

Faculty Scholarship

The growth of payday lending markets during the last fifteen years has been the focus of substantial regulatory attention both in the United States and abroad, producing a dizzying array of initiatives by federal and state policymakers. Those initiatives have had conflicting purposes – some have sought to remove barriers to entry while others have sought to impose limits on the business. As is often the case in banking markets, the resulting patchwork of federal and state laws poses a problem when one state is able to dictate the practices of a national industry. For most of this industry's life, …