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2007

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Institution
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A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page Jan 2007

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page

Georgia Law Review

This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. …

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What Should We Celebrate On Constitution Day?, Alan E. Garfield Jan 2007

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …

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Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris Jan 2007

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …

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Table Of Contents Jan 2007

Table Of Contents

Georgia Law Review

No abstract provided.

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Table Of Contents Jan 2007

Table Of Contents

Georgia Law Review

No abstract provided.

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Foreword: Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen Jan 2007

Foreword: Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen

Georgia Law Review

On January 5, 2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations,"was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …

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Unearthly Microbes And The Laws Designed To Resist Them, Jeb Butler Jan 2007

Unearthly Microbes And The Laws Designed To Resist Them, Jeb Butler

Georgia Law Review

Life can travel between planets. The many spacecraft humans have sent to the Moon have inadvertently provided passage to uncounted millions of microorganisms, some of which have remained alive on the lunar surface for years. What would happen if humans also sent microbes to celestial bodies that may harbor indigenous life, such as Mars or Europa? The presence of Earthly life would vitiate the reliability of future tests for extraterrestrial life on those bodies, and their "contamination"could thereby imperil what might be the greatest discovery in the history of biology. What if a spacecraft returning to Earth after visiting another …

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The Missing Monitor In Corporate Governance:The Directors’& Officers’ Liability Insurer, Tom Baker, Sean J. Griffith Jan 2007

The Missing Monitor In Corporate Governance:The Directors’& Officers’ Liability Insurer, Tom Baker, Sean J. Griffith

Faculty Scholarship

This article reports the results of empirical research on the monitoring role of directors’ and officers’ liability insurance (D&O insurance) companies in American corporate governance. Economic theory provides three reasons to expect D&O insurers to serve as corporate governance monitors: first, monitoring provides insurers with a way to manage moral hazard; second, monitoring provides benefits to shareholders who might not otherwise need the risk distribution that D&O insurance provides; and third, the “bonding” provided by risk distribution gives insurers a comparative advantage in monitoring. Nevertheless, we find that D&O insurers neither monitor corporate governance during the life of the insurance …

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Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause Jan 2007

Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause

Faculty Publications

No abstract provided.

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Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller Jan 2007

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller Jan 2007

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.

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Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill Jan 2007

Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill

Faculty Scholarship

That the Family Court is ill-equipped to address the needs of the hundreds of thousands of cases handled therein is not news. Exploding caseloads, complex problems, and minimal resources are just a few of the ingredients that combine to undermine the Court's ability to fulfill its promise. What has been given less attention until very recently is the extent to which the Family Court's failures disproportionately impact low-income families of color. Any analysis of the Court's impact or efficacy must consider the context I have described in my observations of the Court- the images of black and brown litigants hurrying …

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Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell Jan 2007

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell

Faculty Scholarship

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …

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A Textual And Historical Case Against A Global Constitution, Andrew Kent Jan 2007

A Textual And Historical Case Against A Global Constitution, Andrew Kent

Faculty Scholarship

he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …

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Closed Form Summation Of C-Finite Sequences, Curtis Greene, Herbert S. Wilf Jan 2007

Closed Form Summation Of C-Finite Sequences, Curtis Greene, Herbert S. Wilf

Mathematics & Statistics Faculty Scholarship

No abstract provided.

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Artist's Labor, Derek Whitehead Jan 2007

Artist's Labor, Derek Whitehead

Contemporary Aesthetics (Journal Archive)

This essay explores the relations between perception, phenomenology and art practice. The object of my inquiry is the kind of perceptual repertoire available to the artist in relation to his art, which extends beyond the technical means available to art making in its varying forms. I invoke an artist's innate perception as the source and locus of art's creation. This creation of art also has an outward or phenomenological dimension. In this respect, I investigate the ways in which phenomenological perception, via Maurice Merleau-Ponty's hermeneutic insights into artistic activity, might offer to contemporary arts practice a means of reappraising its …

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Thailand Ties, Raymond J. Dagenais Jan 2007

Thailand Ties, Raymond J. Dagenais

Publications & Research

One of the resolutions I witnessed moving forward at the Summer 2006 National Congress on Science Education in Toronto, Canada involved expanding our learning through international collaborations. The Congress encouraged National Science Teacher Association affiliates to make an effort to connect with educators in other countries in order to both learn and share ideas and issues facing the science education community. With the already large numbers of students from other cultures in many school systems in the United States and the increasing quality of students coming out of science programs in other countries, it has become imperative that we better …

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Distance From Family, Years Of Life On Reservation/Village, Level Of Acculturation, Gender, And Acculturation Stress Of American Indian/Alaska Native Students At The University Of Montana, Michael Brian Trahan Jan 2007

Distance From Family, Years Of Life On Reservation/Village, Level Of Acculturation, Gender, And Acculturation Stress Of American Indian/Alaska Native Students At The University Of Montana, Michael Brian Trahan

Graduate Student Theses, Dissertations, & Professional Papers

Acculturation is a construct that supposes that two or more cultures interact and are in conflict with one another, and an individual can determine which qualities to adhere to from each culture. Acculturation stress is a product of the acculturation process, in which an individual experiences stress as a result of the interaction of the multiple cultures upon the individual. This study examined the effects of acculturation stress on 41 (14 male and 27 female) American Indian/Alaska Native (AI/AN) university students in an effort to determine whether this stress is related to level of acculturation, years lived on an Indian …

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Do Sagebrush Density And Vegetation Condition Affect Demography Of Brewer's Sparrows Nesting In The Blackfoot Valley?, Masanori Abe Jan 2007

Do Sagebrush Density And Vegetation Condition Affect Demography Of Brewer's Sparrows Nesting In The Blackfoot Valley?, Masanori Abe

Graduate Student Theses, Dissertations, & Professional Papers

Vegetation condition can influence habitat quality by altering food abundance, predator abundance and species composition, and microclimate. In some habitats, livestock grazing alters vegetation condition in ways that affect the breeding success of passerines. Most sagebrush-dominated habitats have been heavily grazed by livestock, and the total area of sagebrush has declined substantially. Owing to this habitat loss and change, numbers of various sagebrush-obligate birds have declined, the Brewer's Sparrow among them. I examined the effects of cattle grazing on Brewer's Sparrow reproduction. Grazed plots, at the study-site scale, were characterized by higher potential nest-sagebrush density, and canopy cover, a higher …

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Willingness To Pay Versus Welfare, Cass R. Sunstein Jan 2007

Willingness To Pay Versus Welfare, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Economists often analyze questions of law and policy by reference to the criterion of private willingness to pay (WTP), with the belief that people’s WTP for a good is an accurate proxy for the welfare that they would obtain from that good. For two reasons, the proxy is crude. The first problem is that people may not pay for all of the benefits they receive, and in such cases, use of WTP may lead in unfortunate directions, even or especially if welfare is our lodestar. Inefficient results may nonetheless increase welfare. The second and more fundamental problem is that people …

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Volume 2, Number 2: From The Editor: Greetings On The New Year!, Scot Headley Jan 2007

Volume 2, Number 2: From The Editor: Greetings On The New Year!, Scot Headley

International Christian Community of Teacher Educators Journal

We are pleased to publish this issue of the Journal. Several key events have occurred for the ICCTE Journal over the last few months. At about the same time that our summer issue was released, our colleagues at Regent University hosted us at Virginia Beach for our biennial conference. At a business meeting at that conference, a steering committee was appointed with the task of strengthening ICCTE. That committee has been functioning, and it is our hope that a progress report will be published in next summer’s issue of the Journal. The Journal also launched a series of live webcasts …

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From The Editor: Volume 3, Issue 1, Scot Headley Jan 2007

From The Editor: Volume 3, Issue 1, Scot Headley

International Christian Community of Teacher Educators Journal

Colleagues, this issue marks the beginning of the third year of publication for the ICCTE Journal. I am pleased to inform you that in this issue we begin two new features. David Robinson, consulting editor to the Journal, provides a review of the book, Religion, Education, and Academic Success by William Jeynes. Our hope is that this review will be the first of many, as we desire to make this a regular feature of the Journal. If you have interest in submitting a review for an upcoming issue, let us know. We seek reviews of books important to Christians involved …

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Building A Christian Worldview Through Response To Literature, Pam Adams Jan 2007

Building A Christian Worldview Through Response To Literature, Pam Adams

International Christian Community of Teacher Educators Journal

Research has shown that what one reads can be an important factor in developing one’s worldview. This paper will report my thoughts about experiences I had while reading aloud-challenging texts in two Christian school classrooms. My goal for the read alouds was to have students think about issues related to justice, love, and commitment as they apply to both the family and the larger community. Various types of response methodologies (written, art, drama, discussion) were used to encourage students to build connections between what they learned, to what is the appropriate response and action.

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The Cost Of Conformity: Education Reform, Information, And Ethical Leadership, Steve Loomis, Erik Ellefsen Jan 2007

The Cost Of Conformity: Education Reform, Information, And Ethical Leadership, Steve Loomis, Erik Ellefsen

International Christian Community of Teacher Educators Journal

Like Janus, conformity has two faces. On one face, conformity allows social cohesion to accomplish mission-specific activities. On the other face, conformity in educational leadership can entail a three-part cost against human development. First, education leaders may lose the capacity to ground ethics in objectively valuable sources. This is an effect of formal and informal institutional incentive structures and pressures leaders of virtue to become managers of demand. Second, conformity signals to institutional actors that authentic reform might be too costly to one’s professional career. Third, conformity signals that bureaucracies are not merely locations of special interests, but they are …

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Educational Technology: Beyond The Basics, John Shimer Jan 2007

Educational Technology: Beyond The Basics, John Shimer

International Christian Community of Teacher Educators Journal

This paper addresses classroom technology as a much deeper concept than many would like to believe. It is not something to be taken lightly by only looking at what is currently available, but rather examined through a brief history, in-depth tests, and the consequences as well as the benefits of new developing technology. Furthermore it is not an issue only important for educators and administrators but requires involvement from parents and more importantly Christians to ensure that students are given the greatest opportunity possible for their future. Since technology is the future of children’s education, it is imperative that it …

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Assisting Learning And Success In Adhd Children, Katie Burns Jan 2007

Assisting Learning And Success In Adhd Children, Katie Burns

International Christian Community of Teacher Educators Journal

Attention-Deficit/Hyperactivity Disorder (ADHD) has become the center of controversy as Americans diagnosis children with ADHD at an ever increasing rate. Yet it seems at times that little is actually known about the disease beyond the accepted truth that a distinct disorder marked by inattention and hyperactivity does, in fact, exist. This disorder causes numerous problems within the classroom including classroom management and jeopardizing the education of all children in the class. One option to overcome these challenges is to place all ADHD children in a separate classroom, however this only serves to isolate the child and entirely exhaust the teacher. …

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Ethics, Csr, And Sustainability Education In The Financial Times Top 50 Global Business Schools: Baseline Data And Future Research Directions, Lisa Jones Christensen, Ellen Peirce, Laura P. Hartman, W. Michael Hoffman, Jamie Carrier Jan 2007

Ethics, Csr, And Sustainability Education In The Financial Times Top 50 Global Business Schools: Baseline Data And Future Research Directions, Lisa Jones Christensen, Ellen Peirce, Laura P. Hartman, W. Michael Hoffman, Jamie Carrier

Faculty Publications

This paper investigates how deans and directors at the top 50 global MBA programs (as rated by the Financial Times in their 2006 Global MBA rankings) respond to questions about the inclusion and coverage of the topics of ethics, corporate social responsibility, and sustainability at their respective institutions. This work purposely investigates each of the three topics separately. Our findings reveal that: (1) a majority of the schools require that one or more of these topics be covered in their MBA curriculum and one-third of the schools require coverage of all three topics as part of the MBA curriculum, (2) …

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Nations Of The World [Book Review], Leticia Camacho Jan 2007

Nations Of The World [Book Review], Leticia Camacho

Faculty Publications

Global learning is becoming an important topic in undergraduate courses. It is important for students to learn about other countries to prepare them for both globalization and life and work in a multicultural society. Libraries are experiencing demand for resources that contain international research and global issues information. This new edition of Nations of the World will provide undergraduate students with general political, economic, and business information.

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World Economic Prospects [Book Review], Leticia Camacho Jan 2007

World Economic Prospects [Book Review], Leticia Camacho

Faculty Publications

Companies are entering the world market knowing that current global economic conditions are pivotal to their future success. Understanding internal conditions and existing challenges in a target country are as important as knowing whether a product has export potential. This publication explores global economic performance, major challenges, and other issues that could play a vital role in the success or failure of a company’s efforts at globalization.

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Assemblage Dynamics Of Exotic Herpetofauna On Jupiter Campus Of Florida Atlantic University, Kimber Kingsland Jan 2007

Assemblage Dynamics Of Exotic Herpetofauna On Jupiter Campus Of Florida Atlantic University, Kimber Kingsland

Harriet L Wilkes Honors College Theses 2003 - 2009

Many species considered exotic, by both biological definition and social construction, have been introduced into South Florida. These species compete for resources with native species and with each other. In this study, I surveyed the John D. MacArthur Campus of Florida Atlantic University in Jupiter Florida during spring and fall of 2005 to determine the assemblage dynamics of several exotic herpetofauna species, primarily the nocturnal Wood Slave gecko (Hemidactylus mabouia), the Indo- Pacific gecko (H. garnotii), and the diurnal Cuban brown anole (Anolis sagrei). I found that the more recently established (H. mabouia) was out-competing (H. garnotii) on most of …

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