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2007

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Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller Jan 2007

Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller

Faculty Publications

No abstract provided.


Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Jan 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …


Practitioner's View: Clients At Guantanamo, Martha Rayner Jan 2007

Practitioner's View: Clients At Guantanamo, Martha Rayner

Faculty Scholarship

No abstract provided.


Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal Jan 2007

Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal

Faculty Scholarship

Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …


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 …


International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee Jan 2007

International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This Article is about the epistemic significance of international consensus on constitutional interpretation in the Eighth Amendment context. First, the Article examines whether meaningful conclusions about one's desert judgments can be reached through a process of interjurisdictional comparison that focuses on the existence of a consensus on the question of what punishment is appropriate for what crimes and criminals. Second, this Article examines the relevance of international consensus on penal practices by analogizing the consensus to three different types of consensus: scientific, aesthetic, and moral. This Article concludes from this discussion that so long as the Supreme Court stays with …


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 …


Sleight Of Hand, Benjamin C. Zipursky Jan 2007

Sleight Of Hand, Benjamin C. Zipursky

Faculty Scholarship

Thanks to Richard Posner's classic 1972 article, A Theory of Negligence Law, the Hand formula of United States. v. Carroll Towing Co. is perhaps the most central idea of many first-year torts classes today. Students learn that the meaning of negligence should be understood in terms of Judge Learned Hand's formula comparing the costs of taking precautions with the product of the likelihood of injury without those precautions and the magnitude of such injury. There is more than a little irony, however, in the superstar status of the Hand formula in negligence law. Carroll Towing is not a negligence case …


The Influences Of Gender Identity On The Expectancies For Success And Perceived Task Value Of Three Different Activities, Chi Ching Chow Jan 2007

The Influences Of Gender Identity On The Expectancies For Success And Perceived Task Value Of Three Different Activities, Chi Ching Chow

Dissertations and Theses @ UNI

The purpose of the study was to investigate the influence of gender identity on expectancies for success and perceived task value. The Short form of the Bern Sex-Role Inventory (BSRI-SF) was used to identify four gender identities, androgynous, feminine, masculine, and undifferentiated. The Self- and Task- Perception Questionnaire measured expectancies and task values on three physical activities. One hundred thirty-three students (62 males and 71 females) at the University of Northern Iowa who were enrolled in the aerobic training session of the personal wellness class participated. The mean age of the participants was 20.2 years (SD= 1.9). AN OVA results …


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 …


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 …


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 …


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. …


Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner Jan 2007

Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner

Public Law and Legal Theory Working Papers

Litigation over the effects of climate change has taken various forms, of which litigation based on international human rights law is perhaps the most ambitious. Plaintiffs argue that major emitters of greenhouse gases have violated rights to life and health by contributing to environmental and health injuries associated with global warming. International human rights litigation in international tribunals is unlikely to have any effect, but conceivably American courts might be open to these arguments in Alien Tort Statute litigation. If so, this would be a mistake. Because the health of the global climate is a public good, because American courts …


Effects Of Prescribed Burning On Native And Exotic Herpetofauna In Florida Pine Flatwoods In Savannas Preserve State Park, Carrie Ann. Goethel Jan 2007

Effects Of Prescribed Burning On Native And Exotic Herpetofauna In Florida Pine Flatwoods In Savannas Preserve State Park, Carrie Ann. Goethel

Harriet L Wilkes Honors College Theses 2003 - 2009

Florida's pine flatwoods are pyrogenic ecosystems that require frequent fires to regenerate the herbaceous layer and suppress crowding vegetation. Human development has hindered these natural fires and consequently affected the herpetofauna (amphibian and reptile) species. Anthropogenic encroachment, in addition to fire suppression, has also provided ideal habitats for invasive species within native environments. Exotic species are often found in developed areas around buildings and roads, and it is likely this pattern continues into the park. This eight-month coverboard survey focuses on the effects various fires may have on herpetofauna in the area and explores the level of intrusion exotic species …


Examination Of Alexithymia In A Non-Treatment Seeking Population Of Acute And Chronic Pain Sufferers, Karen L. Ramm Jan 2007

Examination Of Alexithymia In A Non-Treatment Seeking Population Of Acute And Chronic Pain Sufferers, Karen L. Ramm

Harriet L Wilkes Honors College Theses 2003 - 2009

Difficulty in communicating internal states may interfere with medical assessment of pain conditions. Individuals who score high on an assessment measure of a construct called alexithymia have difficulty in describing and/or identifying emotions. Both diffuse and low verbal communication styles have been related to alexithymia in chronic pain patients. Alexithymia has also been linked with pain intensity and various chronic pain conditions. As yet, research has not examined whether alexithymia and acute pain are related. The current research examined high-functioning individuals with chronic, acute, or no pain. No difference in alexithymia levels was found between the groups. However, pain intensity …


"Is The World, Then, So Narrow?", Derek. Mcgrath Jan 2007

"Is The World, Then, So Narrow?", Derek. Mcgrath

Harriet L Wilkes Honors College Theses 2003 - 2009

In Nathaniel Hawthorne's The Scarlet Letter and its preface, "The Custom- House," the author himself and Pearl Prynne are characters who engage in travel, escaping the restrictiveness imposed onto them by their hometowns and finding greater creative freedom elsewhere. Their journey, however, is not necessarily physical but rather creative. Hawthorne and Pearl employ writing and imaginative thinking, respectively, in order to characterize Salem and Boston as foreign locations through which they may tour. The two are what Hawthorne calls "citizen[s] of somewhere else," although they have not departed from their homes yet. By considering how "The Custom-House" relates to The …


Breeding Season And Fecundity Of Gopherus Polyphemus In South Florida, Melody. Strattan Jan 2007

Breeding Season And Fecundity Of Gopherus Polyphemus In South Florida, Melody. Strattan

Harriet L Wilkes Honors College Theses 2003 - 2009

The gopher tortoise, Gopherus polyphemus, is a threatened species native to the southeastern United States. The breeding season of G. polyphemus is reportedly from April to June. However, out of season hatchlings in Jupiter, Florida, suggest that in South Florida, the very southernmost part of the gopher tortoise's range, the warmer climate allows a longer period of reproduction or a year-round breeding season. My research sought to find evidence for an extended breeding season and to collect fecundity data on the South Florida tortoises by capturing female tortoises and X-raying them at different times of the year to check for …


From Mortality To Connectedness, Garreth. Rosenzweig Jan 2007

From Mortality To Connectedness, Garreth. Rosenzweig

Harriet L Wilkes Honors College Theses 2003 - 2009

Terror Management Theory posits that induced death-related cognitions lead to anxiety. To relieve anxiety, individuals may bolster their self-esteem or current cultural worldviews. The current study hypothesizes that induced thoughts of social connectedness will be an anxiety-buffering mechanism that will reduce the need to defend one's worldview. Participants watched one of two films which were intended to either induce social connectedness or have no effect on the individual. Each participant watched a short film clip then completed measures pertaining to moral transgressions, affiliative and agentic extraversion, self-esteem, and positive and negative affect. Females who were high on affiliation were found …


Reconstruction, Eric. Seymour Jan 2007

Reconstruction, Eric. Seymour

Harriet L Wilkes Honors College Theses 2003 - 2009

This thesis presents an examination of the trope of photography in E. L. Doctorow's latest novel, The March, which takes General Sherman's march through Georgia and the Carolinas as its subject matter. The Civil War, as the first major American military conflict to be photographed, is the perfect vehicle for the novel's meditation upon the representation of significant political and cultural events. As this paper argues, photography functions in the novel as a metaphor for visual culture in general. In particular, I argue that the discrepancies which the novel posits between the photographic record and lived experience function to trouble …


Territory Size Of The Florida Scrub-Jay (Aphelocoma Coerulescens) At Savannas Preserve State Park, Theresa E. Smith Jan 2007

Territory Size Of The Florida Scrub-Jay (Aphelocoma Coerulescens) At Savannas Preserve State Park, Theresa E. Smith

Harriet L Wilkes Honors College Theses 2003 - 2009

The Florida Scrub-jay is the only bird endemic to the state of Florida, and is entirely restricted to pyrogenic xeric oak scrublands. The species is listed as Threatened, and all populations throughout the state are in decline. The major causes of decline are habitat modification due to development and fire suppression. Preservation and proper fire management is crucial for the continued survival of the species. The territories of three families of Florida Scrub-jays at Savannas Preserve State Park were delineated, and the area calculated using 100% MVCP analysis and compared to work previously published by Cowan (2005). The results of …


Fluctuating Craniodental Asymmetry In The Southern African Cheetah Acinonyx Jubatus Jubatus, Stephanie Julia. Sabshin Jan 2007

Fluctuating Craniodental Asymmetry In The Southern African Cheetah Acinonyx Jubatus Jubatus, Stephanie Julia. Sabshin

Harriet L Wilkes Honors College Theses 2003 - 2009

The cheetah (Acinonyx jubatus) continues to be an object of intensive study with respect to its genetic heterozygosity and its drastic decline in the wild. Fluctuating asymmetry (FA) has been used to evaluate the levels of inbreeding and monomorphism in the cheetah. A measurement of craniodental FA was undertaken to compare the southern African cheetah (Acinonyx jubatus jubatus) with previously collected craniodental FA measurements from the East African cheetah (Acinonyx jubatus raineyi). Unlike their counterparts, the southern African cheetah did not show significant asymmetry. These findings suggest that fluctuating asymmetry cannot be used as a determination of genetic depletion in …


Effects Of The Cyanobacterium Lyngbya Majuscula And Artificial Shading On The Seagrass Halodule Wrightii, Kathryn A. Tiling Jan 2007

Effects Of The Cyanobacterium Lyngbya Majuscula And Artificial Shading On The Seagrass Halodule Wrightii, Kathryn A. Tiling

Harriet L Wilkes Honors College Theses 2003 - 2009

Extensive blooms of the marine cyanobacterium Lyngbya majuscula occurred during 2006 in Halodule wrightii seagrass beds. We examined the effects of L. majuscula blooms on seagrass by removal treatments and assessed if this was primarily an effect of shading by conducting artificial shade treatments. We tested the effects of L. majuscula removal and artificial shading on fifty individual 0.25 m2 experimental seagrass plots infested with L. majuscula in a fully crossed, two-way experiment. Measurements included blade elongation, biomass, and stem density. Blade lengths of H. wrightii were significantly increased by the presence of artificial shading and L. majuscula. L. majuscula …


Design Principles For Downtown Revitalization: Las Cruces, New Mexico, Design Planning Assistance Center Jan 2007

Design Principles For Downtown Revitalization: Las Cruces, New Mexico, Design Planning Assistance Center

Design and Planning Assistance Center - Projects

The buildings of and around downtown Las Cruces reflect the unique blend of cultures and activities found within the city. Or at least it did. Today, many of the Art-Deco theaters, the historic brick structures and pueblo-style buildings sit vacant. Drab facades and limited businesses fronting the Main Street Mall now characterize the landscape, creating a challenge for Las Cruces city officials and downtown property owners. To rejuvenate the current lackluster and uninviting state of Main Street in Las Cruces, the New Mexico Main Street Program contracted with the Design, Planning and Assistance Center (DPAC), based at the School of …


Unm Health Sciences Center Data Book 2006-07, University Of New Mexico - Health Sciences Center Jan 2007

Unm Health Sciences Center Data Book 2006-07, University Of New Mexico - Health Sciences Center

Health Sciences Center Databook (1990-ongoing)

No abstract provided.


Hslic Annual Report Fy2006-07, Health Sciences Library And Informatics Center Jan 2007

Hslic Annual Report Fy2006-07, Health Sciences Library And Informatics Center

HSLIC Annual Reports

No abstract provided.


2007-2008 Unm Catalog, Unm Office Of The Registrar Jan 2007

2007-2008 Unm Catalog, Unm Office Of The Registrar

Course Catalogs

Course catalog for the years 2007-2008.


Personnel File Of Fr. Arthur Perrault, Catholic Church. Archdiocese Of Santa Fe (N.M.) Jan 2007

Personnel File Of Fr. Arthur Perrault, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.


Personnel File Of Fr. Conran N. Runnebaum, Catholic Church. Archdiocese Of Santa Fe (N.M.) Jan 2007

Personnel File Of Fr. Conran N. Runnebaum, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.


Personnel File Of Fr. George S. Silva, Catholic Church. Archdiocese Of Santa Fe (N.M.) Jan 2007

Personnel File Of Fr. George S. Silva, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.