Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2007

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 46471 - 46500 of 46530

Full-Text Articles in Entire DC Network

Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen Jan 2007

Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen

University of Colorado Law Review

In its decision in Hazelwood School District v. Kuhlmeier, the Supreme Court determined that in the public school context, government restriction on speech must be related to "legitimate pedagogical concerns." However, the question remains open whether that standard requires such restrictions to be viewpoint neutral; the circuit courts are split on this question. This Comment explores the issue in the context of the public school textbook selection process, concluding that the process should be viewpoint neutral. As an initial matter, it argues that the selection of textbooks for use in the public schools should be analyzed under the public forum …

Go to article

Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman Jan 2007

Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman

University of Colorado Law Review

More than 100 years ago, reformers established a separate juvenile court system meant to protect and rehabilitate delinquent children. However, several U.S. Supreme Court cases in the 1960s and 1970s slowly eroded the special features that distinguished the juvenile court from the criminal court. In addition, newly enacted legislation has facilitated the transfer of juvenile cases to the adult system. As a result, more juveniles are being tried in adult courts and the goals furthered by the juvenile court system are being ignored. Recent Supreme Court decisions and studies regarding adolescent brain development indicate that the current system for treating …

Go to article

The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell Jan 2007

The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell

University of Colorado Law Review

No abstract provided.

Go to article

Child Welfare Law Office Guidebook: Best Practice Guidelines For Organizational Legal Representation Of Children In Abuse, Neglect, And Dependency Cases, Colene Flynn Robinson Jan 2007

Child Welfare Law Office Guidebook: Best Practice Guidelines For Organizational Legal Representation Of Children In Abuse, Neglect, And Dependency Cases, Colene Flynn Robinson

University of Colorado Law Review

No abstract provided.

Go to article

The Colorado Constitution In The New Century, Richard B. Collins Jan 2007

The Colorado Constitution In The New Century, Richard B. Collins

University of Colorado Law Review

TABOR, gay marriage, pit bulls, guns, redistricting, ethics in government, school vouchers, and minimum wage have been on Colorado's constitutional agenda for the past seven years. Dale Oesterle and I authored a book-length study of the Colorado Constitution through 2001.1 This article reviews amendments and judicial decisions arising since. It should surprise no one that TABOR has generated by far the most decisions.

Go to article

The Voice Of The Crowd-Colorado's Initiative, Richard B. Collins Jan 2007

The Voice Of The Crowd-Colorado's Initiative, Richard B. Collins

University of Colorado Law Review

No abstract provided.

Go to article

Ennobling Direct Democracy, Sherman J. Clark Jan 2007

Ennobling Direct Democracy, Sherman J. Clark

University of Colorado Law Review

In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …

Go to article

The Educative Effects Of Direct Democracy: A Research Primer For Legal Scholars, Daniel A. Smith, Caroline J. Tolbert, Daniel C. Bowen Jan 2007

The Educative Effects Of Direct Democracy: A Research Primer For Legal Scholars, Daniel A. Smith, Caroline J. Tolbert, Daniel C. Bowen

University of Colorado Law Review

This article surveys recent studies by political scientists that examine the "educative effects" of ballot measures on political participation and civic engagement, as well as their impact on candidate elections. The article provides legal scholars with empirical evidence that can be used to bolster normative and theoretical claims about the process and politics of direct democracy. The authors conclude by presenting original empirical research on the effects of ballot measures on individual attitudes toward state government and political trust. The article hypothesizes that citizens who are given more opportunities to participate in politics will have more trust in state government. …

Go to article

Representation And The Spatial Bias Of Direct Democracy, Daniel A. Smith Jan 2007

Representation And The Spatial Bias Of Direct Democracy, Daniel A. Smith

University of Colorado Law Review

Daniel Smith analyzes whether direct democracy favors urban and suburban voters' interests at the expense of rural voters' interests. After reviewing existing academic literature on the (sub)urban rural divide in direct democracy contests, the author performs an empirical analysis of county-level voting data on numerous recent Colorado ballot initiatives. The author concludes that there is a significant regional bias concerning popular votes on ballot initiatives, and that rural communities of interest will likely continue to be tyrannized by (sub)urban majorities in statewide ballot contests

Go to article

When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells Jan 2007

When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells

University of Colorado Law Review

A majority of United States citizens reside in states that allow voters to directly decide questions of public policy through an initiative or referendum process. Although originally instituted as a check on elitist legislatures, the initiative process has generated its own set of electoral problems. Voters may find themselves under informed or confused about complex public policy issues, while interest groups attempt to manipulate the public with misinformation campaigns. In an examination of research findings from a 2006 statewide poll of likely voters in Washington, this article explores public perceptions, misperceptions and choices in initiative and referendum elections. The authors …

Go to article

The Citizen Assembly: An Alternative To The Initiative, Kevin O'Leary Jan 2007

The Citizen Assembly: An Alternative To The Initiative, Kevin O'Leary

University of Colorado Law Review

The Citizen Assembly is a superior alternative to direct mass democracy and the initiative. Building on the ideas of James Madison and Thomas Jefferson, it is possible to combine the traditional town hall and the Internet to fashion a new understanding of representative government that bridges the enormous gap that now exists between the political elite and the average voter. The assembly reform would increase opportunities for meaningful and intelligent participation by average citizens and improve public decisions. This article explains how a national network of citizen assemblies would work.

Go to article

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall Jan 2007

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall

University of Colorado Law Review

No abstract provided.

Go to article

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon Jan 2007

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

University of Colorado Law Review

This article considers climate change from the perspective of the Third World and more particularly from the vantage point of the poorest nations in the international system. It concludes that those nations that are the most geographically and economically vulnerable will also have the least impact on mechanisms to halt the progress of this impending disaster. Hence, climate change is examined as yet another chapter in Third World powerlessness. Despite the fact that low-income nations participate in international deliberations, they do so from an exceedingly weak position that puts them in the untenable position of being on the receiving end …

Go to article

Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie Jan 2007

Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

University of Colorado Law Review

The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental selfdetermination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate …

Go to article

Discovery: The Student Journal Of Dale Bumpers College Of Agricultural, Food And Life Sciences - Volume 8 2007, Several Authors Jan 2007

Discovery: The Student Journal Of Dale Bumpers College Of Agricultural, Food And Life Sciences - Volume 8 2007, Several Authors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Go to article

Letter From The Dean, Gregory J. Weidemann Jan 2007

Letter From The Dean, Gregory J. Weidemann

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Go to article

The Roles, Needs, And Challenges Of Arkansas Women In Agriculture, Carmen C. Albright, Jennie S. Popp Jan 2007

The Roles, Needs, And Challenges Of Arkansas Women In Agriculture, Carmen C. Albright, Jennie S. Popp

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Participants of the 2005-2007 Arkansas Women in Agriculture conferences were surveyed for this study to identify recent changes in their roles on and off the farm, the factors important to their success, and the problems they face in their businesses. Respondents were broken into two groups—Farm (women owner-operators of farms, ranches, or agribusinesses) and Non-farm (women working in supporting agricultural industries)—for comparisons and responses were also analyzed across years. Farm women most often reported problems keeping good employees each year, while Non-farm women often reported having problems with being respected as a female business person. For Farm women, the factor …

Go to article

Design Of A Bioreactor To Study The Role Of Red Blood Cells In The Transport Of Nitric Oxide In The Microcirculation, Nupura Bhise, Mahendra Kavdia Jan 2007

Design Of A Bioreactor To Study The Role Of Red Blood Cells In The Transport Of Nitric Oxide In The Microcirculation, Nupura Bhise, Mahendra Kavdia

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Nitric oxide (NO) plays an important role in physiological functions like vasodilation, neurotransmission, and inhibition of platelet aggregation. The endothelium-derived NO diffuses into the vascular lumen where it interacts with flowing blood as well as the smooth muscles where it modulates vascular tone. However, uncertainty exists on how NO escapes the rapid scavenging by hemoglobin (Hb) and reaches smooth muscles. Several proposed hypotheses include 1) a reduced reaction rate of NO with Hb contained inside red blood cells (RBCs) and 2) NO preservation in the bound form of s-nitrosohemoglobin or nitrite. The mechanism and magnitude of reduction of NO reaction …

Go to article

Arkansas Producers’ Attitudes Toward The 2002 Farm Bill And Preferences For The 2007 Farm Bill, Misti Clark, Eric Wailes Jan 2007

Arkansas Producers’ Attitudes Toward The 2002 Farm Bill And Preferences For The 2007 Farm Bill, Misti Clark, Eric Wailes

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

The Federal Security and Rural Investment Act of 2002, otherwise known at the 2002 Farm Bill, contains current legislation regarding federal public policies and programs for U.S. food and agriculture. This legislation will expire in 2007 and thus new legislation will be developed. It is important to have farm producers’ input for developing this legislation because the policies and programs influence their business practices and livelihoods. The purpose of this study was to determine Arkansas producers’ attitudes toward current and future farm legislation based on an analysis of a survey administered to Arkansas farm producers in summer 2006. The main …

Go to article

Evaluation Of Three Tractor-Guidance Methods For Parallel Swathing At Two Field Speeds, Garris Hudson, Robby Shofner, George Wardlow, Donald Johnson Jan 2007

Evaluation Of Three Tractor-Guidance Methods For Parallel Swathing At Two Field Speeds, Garris Hudson, Robby Shofner, George Wardlow, Donald Johnson

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

This study compared the accuracy (mean error and rms error) and precision (standard deviation of error) of three tractor-guidance methods (foam-marker, light-bar, and assisted-steering systems) at two field speeds (5.6 – and 11.5 km/h) for parallel swathing operations. Eighty-four replications of each combination of guidance method and field speed were conducted between 15 October and 22 December 2006 (504 total field passes). The foam-marker system was found to be significantly less accurate [larger mean error (p < .0001) and had a larger rms error (p < .0001)] than either the light-bar or the assisted-steering system. There was no significant difference in mean error (p = .6718) or rms error (p = .8841) by field speed. There was a significant interaction between guidance method and field speed for both mean error (p = .0009) and rms error (p = .003). Mean and rms errors for the foam-marker and the assisted-steering systems increased at higher field speed, while the mean and rms errors for the light-bar system decreased at higher speed. The assisted-steering system had a significantly lower (p = .0164) standard deviation of error (higher precision) than the foam-marker or the light-bar systems. There was no significant difference in the standard deviation of error by field speed (p = .6258) or by the interaction of guidance method and field speed (p = .2748).

Go to article

A Computational Model For Analysis Of Uncoupled No Synthase On Nitric Oxide And Superoxide Interaction In Microcirculation, William Richardson, Mahendra Kavdia Jan 2007

A Computational Model For Analysis Of Uncoupled No Synthase On Nitric Oxide And Superoxide Interaction In Microcirculation, William Richardson, Mahendra Kavdia

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Nitric oxide (NO) produced by endothelial cells is a key component for blood-vessel dilation. Dilation is achieved through smooth muscle relaxation as a response to NO transport. Inhibition of this process occurs through the inactivation of NO by reactive oxygen species, especially superoxide (O2 -). NO and superoxide react quickly, forming peroxynitrite (ONOO-). Both superoxide and peroxynitrite apply oxidative stress on vascular tissue. Experimental studies investigating NO interactions are difficult since these reactions occur rapidly and over small distances. This study presents a computational model to describe the interactions of NO, superoxide, and peroxynitrite across an arteriole/venule pair. Based on …

Go to article

Instructions For Authors, Discovery Editors Jan 2007

Instructions For Authors, Discovery Editors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Go to article

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo Jan 2007

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo

Faculty Scholarship

One of the goals of Article III of GATT is to invalidate domestic regulatory measures, including taxes and non-fiscal policies that amount to non-tariff barriers to trade (NTB) and therefore violate the principles of national treatment. While internal policies that directly discriminate between products based on nationality or origin are clearly in violation of national treatment principles, it is the facially neutral regulatory measures with protectionist and discriminatory effects that are more difficult to assess, even within transparent regulatory processes. However, with their emphasis on the likeness of the products in question, WTO panels run the risk of alienating member …

Go to article

Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo Jan 2007

Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo

Faculty Scholarship

Much of the study of international private law has focused on exploring differences in legal systems in light of domestic issues or harmonization. Much less emphasis has been on accepting these various parochial interests as part of a global legal structure. This preliminary study into what drives parochial attitudes can help international trade scholars observe the traditions engendering these differing parochial attitudes and their impact on trade. Through a pluralist lens and in borrowing from studies in the social sciences on parochialism, this paper attempts to bring to light a world of "hybrid legal spaces" that adds complexity to the …

Go to article

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino Jan 2007

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino

Scholarly Works

The use of restraint and seclusion in the American psychiatric setting has a rich history—rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, “tranquilizer chairs,” “maniac beds,” chains, shackles, and “quiet rooms” deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without imposing holds …

Go to article

Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino Jan 2007

Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino

Scholarly Works

Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …

Go to article

Not Quite "Them," Not Quite "Us": Why It's Difficult For Former Deans To Go Home Again, Nancy B. Rapoport Jan 2007

Not Quite "Them," Not Quite "Us": Why It's Difficult For Former Deans To Go Home Again, Nancy B. Rapoport

Scholarly Works

Here is the final version of the article that discusses the many lessons I learned while serving in the administration of three different law schools. Among other things, the article discusses the problems with shared governance and with linking rights and responsibilities of faculty members. Comments are always welcome

Go to article

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport Jan 2007

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.

Go to article

The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel Jan 2007

The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel

Scholarly Works

It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …

Go to article

Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel Jan 2007

Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel

Scholarly Works

A perennially-vexing litigation issue concerns the limits of permissible attorney argument. More than a few lawyers have been tripped up by the occasional fuzziness of the line between aggressive advocacy and improper appeals to passion or prejudice. See Craig Lee Montz, Why Lawyers Continue to Cross the Line in Closing Argument: An Examination of Federal and State Cases, 28 Ohio N.U. L. Rev. 67 (2001-2002)(problem of violations results from lack of uniformity and clarity of ground rules as well as errors of counsel). In Cohen v. Lioce, 149 P.3d 916 (Nev. 2006) the Nevada Supreme Court both provided significant guidance …

Go to article

First Prev Next Last