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2007

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Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff Jan 2007

Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff

University of Colorado Law Review

No abstract provided.


Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra Jan 2007

Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra

University of Colorado Law Review

In the United States, criminal libel is all but dead. American law professors only write about it to denounce the continued existence of rarely enforced criminal libel statutes. In Japan, however, criminal libel laws have become vital tools in policing injurious speech on the Internet. Defamatory posts lead to police intervention and even arrest. Because the United States is considering regulation of online speech, potentially including criminal penalties, we can learn from the experience of Japan. From a positive perspective, this Article explains why Japan applies such laws to the Internet. From a normative perspective, the Article addresses why broadly …


Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower Jan 2007

Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower

University of Colorado Law Review

In 2005, Governor Bill Owens vetoed House Bill 1061, which was an attempt by the Colorado legislature to enact some minimal protections for residential tenants. Governor Owens's veto was the latest chapter in Colorado's failure to provide residential-tenant protections. Although the vast majority of states have either judicially-implied or statutory tenant protections, Colorado has bucked the trend. First, in 1976, the Colorado Supreme Court refused to imply a warranty of habitability in residential leases, instead deferring to the legislature. Since then, in addition to Governor Owens's veto, the legislature has also failed to pass a residential warranty. Instead of maintaining …


Colorado Lawyers Beware: Anstine V. Alexander And The Attorney's New Duty To Non-Clients, Michael David Delcour Jan 2007

Colorado Lawyers Beware: Anstine V. Alexander And The Attorney's New Duty To Non-Clients, Michael David Delcour

University of Colorado Law Review

In Anstine v. Alexander, the Colorado Court of Appeals addressed the issue of whether an attorney can be found liable for aiding and abetting his client's breach of fiduciary duty to a non-client. Although the attorneys in question were absolved of legal malpractice liability to the corporation they represented, the defendant-attorneys were found liable for aiding and abetting the president's breach of fiduciary duty to the corporation's creditors. Interestingly, the same piece of advice that was given by the attorneys to the president of the corporation was at the heart of both the malpractice claim and the aiding and abetting …


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 …


Table Of Contents (Vol. 78. Issue 40 Jan 2007

Table Of Contents (Vol. 78. Issue 40

University of Colorado Law Review

No abstract provided.


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.


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. …


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 …


Marine Tucuxi In Sepetiba Bay: Why Do They Form Aggregations?, Laura Aichinger Dias Jan 2007

Marine Tucuxi In Sepetiba Bay: Why Do They Form Aggregations?, Laura Aichinger Dias

Electronic Theses and Dissertations 2000 - 2009

Between August 2005 and December 2006, 139 boat surveys were conducted in Sepetiba Bay, Brazil to sample behavioral patterns and environmental parameters during the occurrence of marine tucuxi groups and aggregations. Aggregations were defined as several groups gathered in an area totaling more than 100 animals, usually engaged in a specific behavior. A total of 65 aggregations (x=177) and 192 groups (x=18) were recorded. Marine tucuxi groups and aggregations differed regarding behavioral activity, geographical location and age composition. Aggregations were temporal associations of several marine tucuxi groups performing foraging/feeding activities probably in response to prey species, abundance, and distribution. Aggregations …


Learning And Leading: Approaches To Leadership Self-Development Among Women Executives Of Philanthropic Organizations, Theresa N. Liddell Jan 2007

Learning And Leading: Approaches To Leadership Self-Development Among Women Executives Of Philanthropic Organizations, Theresa N. Liddell

Electronic Theses and Dissertations 2000 - 2009

The purpose of this grounded theory study was to explore the selfdevelopment of women executives of philanthropic organizations to determine their approaches to learning for leading. Women occupy 1.4% to 53% of the executive positions in the U.S. depending on the sector, yet little is known about their learning needs and strategies. The research questions asked how these women executives learned to develop successfully in their positions and what informal learning strategies they used. This study explored the perspectives of 22 women executives of philanthropic organizations in South Florida and Western Washington. The foundations represented by the participants varied widely …


Metaphors Pilgrims Live By: Metaphor Systems Of The Modern Pilgrimage, Todd N. Valdini Jan 2007

Metaphors Pilgrims Live By: Metaphor Systems Of The Modern Pilgrimage, Todd N. Valdini

Electronic Theses and Dissertations 2000 - 2009

Pilgrimages have produced volumes of textual reflections by pilgrims and outside observers. These writers represent a wide variety of disciplines from travel theorists to travel bloggers, medieval historians to modern anthropologists and sociologists. The findings of this study reveal two major complex metaphor systems: one based on a series of interlaced existential metaphors orbiting the nuclear LIFE IS A JOURNEY and the other stemming from a network of economic metaphors of MORAL ACCOUNTING. The symbolic exchange embedded in these metaphorical systems reflects the human desire for a meaningful and worthy life. These mutually supporting complex systems of metaphor reveal an …


Microbial Community Analysis Of The Octocoral Eunice A Fusca; Combined Use Of Cultivation-Dependent And Independent Techniques, Angela Patricia Duque-Alarcon Jan 2007

Microbial Community Analysis Of The Octocoral Eunice A Fusca; Combined Use Of Cultivation-Dependent And Independent Techniques, Angela Patricia Duque-Alarcon

Electronic Theses and Dissertations 2000 - 2009

The octocoral Eunicea fusca is the source of important anti-inflammatory compounds such as the diterpenes fuscol and the fuscosides. Evidence suggests that these compounds are being produce by bacterial sources that live in symbiosis with the coral. As part of an investigation to better understand the role of bacteria associated with E. fusca , the characterization of the bacterial community using two different techniques (culture dependent technique and culture independent technique) and sea water samples was done. Sea water samples were used as a control to determine how closely associated bacteria are to this octocoral. The polymerase chain reaction (PCR) …


Migratory Behavior Of Hatchling Sea Turtles: Evidence For Population-Specific Divergence In The Loggerhead (Caretta Caretta L.), Sheila Veronica Madrak Jan 2007

Migratory Behavior Of Hatchling Sea Turtles: Evidence For Population-Specific Divergence In The Loggerhead (Caretta Caretta L.), Sheila Veronica Madrak

Electronic Theses and Dissertations 2000 - 2009

Migratory bird and insect populations show differences in orientation direction, timing, and distances moved depending upon where they reside in relation to their migratory goals. These differences presumably occur because of selection for behavioral responses that promote the most efficient migratory strategies among members of each population. The purpose of this study was to determine whether migratory behavior in loggerhead hatchlings differs between populations that exit nesting beaches on the East and West coast of Florida. When the turtles emerge from the nests, they initially show a swimming "frenzy" that serves to distance individuals from shallow coastal waters, displacing them …


Model-Driven Architecture And The Secure Systems Methodology, Patrick Morrison Jan 2007

Model-Driven Architecture And The Secure Systems Methodology, Patrick Morrison

Electronic Theses and Dissertations 2000 - 2009

As a compamon and complement to the work being done to build a secure systems methodology, this thesis evaluates the use of Model-Driven Architecture (MDA) in support of the methodology's lifecycle. The development lifecycle illustrated follows the recommendations of this secure systems methodology, while using MDA models to represent requirements, analysis, design, and implementation information. In order to evaluate MDA, we analyze a well-understood distributed systems security problem, remote access, as illustrated by the internet "secure shell" protocol, ssh. By observing the ability of MDA models and transformations to specify remote access in each lifecycle phase, MDA's strengths and weaknesses …


More Than Good, Kind Angels: The Daughters Of Charity's Relationship To Valuation, Mission And Money, 1916 To 1994, Marcella M. Rutherford Jan 2007

More Than Good, Kind Angels: The Daughters Of Charity's Relationship To Valuation, Mission And Money, 1916 To 1994, Marcella M. Rutherford

Electronic Theses and Dissertations 2000 - 2009

The ability to gain payment for services is strongly linked to the ability of a profession to define the value of its service. Valuation as an economic term is used to define an entity's worth or value. As an approach, valuation encourages a company to document the financial value of both the tangible and intangible assets associated with the services provided. Today there are a limited number of studies that document the value of nursing services. Valuation studies related to nursing are challenged by the need to include the complexity of patient services that causes variation in research results. This …


Neural Information Processing Underlying Rhythmic Bimanual Coordination: Theory, Method And Experiment, Arpan Banerjee Jan 2007

Neural Information Processing Underlying Rhythmic Bimanual Coordination: Theory, Method And Experiment, Arpan Banerjee

Electronic Theses and Dissertations 2000 - 2009

How do neuronal connectivity and the dynamics of distributed brain networks process information during bimanual coordination? Contemporary brain theories of cognitive function posit spatial, temporal and spatiotemporal network reorganization as mechanisms for neural information processing. In this dissertation, rhythmic bimanual coordination is studied as a window into neural information processing and subsequently an investigation of underlying network reorganization processes is performed. Spatiotemporal reorganization between effectors (limbs) is parameterized in a theoretical model via a continuously varying cross-talk parameter that represents neural connectivity. Thereby, effector dynamics during coordinated behavior is shown to be influenced by the cross-talk parameter and time delays …


Perceptions Of Characteristics Contributing To Success In Two University-Based Programs Designed For Adults Of Retirement Age, Rachelle Chairman Jan 2007

Perceptions Of Characteristics Contributing To Success In Two University-Based Programs Designed For Adults Of Retirement Age, Rachelle Chairman

Electronic Theses and Dissertations 2000 - 2009

The purpose of this study was to identify characteristics and practices, related values, and the processing of stakeholders ' voices in two educational programs for older adults that are perceived as effective by their stakeholders. This purpose was motivated by the researcher's desire to provide useful information to program leaders and institutional leaders in the field of older adult education. The information is presented for leaders who are building new educational events and integrating them into their organizations. The research was conducted at two sites at Florida Atlantic University: the Lifelong Learning Society at the Jupiter campus and the Memory …


Population Genetic Structure, Movement Patterns, And Environmental Preferences Of The Pelagic Wahoo, Acanthocyhium Solandri, Timothy Charles Theisen Jan 2007

Population Genetic Structure, Movement Patterns, And Environmental Preferences Of The Pelagic Wahoo, Acanthocyhium Solandri, Timothy Charles Theisen

Electronic Theses and Dissertations 2000 - 2009

The wahoo, Acanthocyhium solandri, is a pelagic marine fish which inhabits tropical, subtropical, and warm temperate waters worldwide. Despite being highly mobile and economically important over most of their range, there is little scientific data concerning population structure, movement patterns, or environmental preferences of wahoo. In this study I investigate wahoo genetic population structure and phytogeography on a global scale, and deploy pop-up satellite archival tags (PSA T's) in the western Atlantic Ocean to determine movement patterns and environmental preferences of wahoo. Wahoo population genetic structure was examined across their entire global range with intron six of lactate dehydrogenase-A (ldhA6, …


Predicting Success Rate Of First-Time College Students Enrolled In Developmental Mathematics Courses In An Urban Multi-Campus Community College Based On Reading Level And Order Of Courses Taken, Marcial Luis Echenique Jan 2007

Predicting Success Rate Of First-Time College Students Enrolled In Developmental Mathematics Courses In An Urban Multi-Campus Community College Based On Reading Level And Order Of Courses Taken, Marcial Luis Echenique

Electronic Theses and Dissertations 2000 - 2009

Community colleges serve as conduits for students as they make the transition between secondary school and college. Community colleges also have a unique place in the American education system as they serve a large number of non-traditional students. The open-door policy of community colleges gives students the opportunity to pursue a college education. However, not all students who enroll in community colleges are academically prepared for college-level courses. A comprehensive literature review in the areas of community college, developmental education, mathematics education, and the connection between language and mathematics was conducted. Based on the results of the literature review, this …


Policy Of Abuse: A Framework Of Public Policy Dimensions Analyzing Systematic Sexual Violence In Bosnia, Meena Chary Jan 2007

Policy Of Abuse: A Framework Of Public Policy Dimensions Analyzing Systematic Sexual Violence In Bosnia, Meena Chary

Electronic Theses and Dissertations 2000 - 2009

This dissertation asserts that systematic sexual violence was used as public policy by the Serbian government in Bosnia during the conflict of 1992-1995 to effect ethnic cleansing and genocide. Systematic sexual violence must be recognized as public policy in order for the global community to advance appropriate recommendations regarding the levels at which (in addition to individuals) institutions, organizations and particularly governments should be held accountable. Further, when govenm1ents not only fail in their responsibility to protect citizens but actually commit crimes against citizens, survivors are betrayed by the very institutions to which they look for protection. Public policy is …


Proteome Analysis Of Melanoma Progression, Mohammad A. Al-Ghoul Jan 2007

Proteome Analysis Of Melanoma Progression, Mohammad A. Al-Ghoul

Electronic Theses and Dissertations 2000 - 2009

Melanoma starts on the surface of the skin where it is easily seen. It is curable when detected early, but can be fatal if allowed to progress and spread. Melanoma can spread downwards through the skin, ultimately reaching the blood and lymphatic vessels, and metastasize. Thus, one goal is to detect melanoma early before it metastasizes. A high throughput proteomics approach has been applied to better understand the processes that underlie tumor formation and progression. Three studies were pursued: I) proteome comparison of the matched primary WM-115 and metastatic WM-266-4 melanoma cell lines; II) proteome comparison between the matched melanoma …


Proust's Stairways To Lost Time, Marla R. Bradford Jan 2007

Proust's Stairways To Lost Time, Marla R. Bradford

Electronic Theses and Dissertations 2000 - 2009

Although they have been neglected in the critical study of A Ia Recherche de temps perdu. staircases play a crucial role in the great architecture of Proust's text. Evoking the most recent theories of time and space, the Proustian staircase at once moves and docs not move; it is both fluid and tl·ozcn, as an object in material space and in the mental space of memory. From simpler architectural construct to overarching metaphor, the staircase transfonns into a space-time amalgam resonating throughout the text. From grand marble staircases to fetid back stairs, Proust also uses stairways to dramatize ascending, socially …


Rhetorical "Mosaicism" And Intractable Conflict: George W. Bush On Stem Cells, Gary Brooten Jan 2007

Rhetorical "Mosaicism" And Intractable Conflict: George W. Bush On Stem Cells, Gary Brooten

Electronic Theses and Dissertations 2000 - 2009

President Bush's 2001 speech on stem cell research showed unusual intermixing of rhetorical bits from past arguments of proponents and opponents, suggesting that such mixing is a distinct rhetorical strategy. Analyses revealed two communities that had engaged each other over reproductive biology issues for decades, developing distinct vocabularies and argumentative patterns in that interaction. The speech mixed fragments ofthese usages. Traditional textual analyses and analyses ofthe mixing itself showed that the mixing seems to reinforce traditional approaches to divided audiences by opening up many possibilities for the communities to draw different meanings from what is said. Analyses of responses to …


Searching For Home: The Formation And Preservation Of Bosnian Bosniac Identity In Florida, Lauren Cheek Jan 2007

Searching For Home: The Formation And Preservation Of Bosnian Bosniac Identity In Florida, Lauren Cheek

Electronic Theses and Dissertations 2000 - 2009

After the war and genocide that led to the collapse of Yugoslavia, the population was forced to redefine themselves along ethnic lines and the newly formed states. Because many families are ethnically mixed and are living abroad, this allows for a certain amount of personal preference in the choice of ethnic identity. One of the ethnicities from this region is the Bosniacs, who were denied a separate ethnic identity and called simply Muslim up until after the dissolution of Yugoslavia. Now they are officially recognized but what does this mean to the individuals who identify with this group? This research …


Positive Perspectives On Prevention: Southern Women's Voices On Hiv/Aids In An African American Community, Monica Melton Jan 2007

Positive Perspectives On Prevention: Southern Women's Voices On Hiv/Aids In An African American Community, Monica Melton

Electronic Theses and Dissertations 2000 - 2009

Although Black women appear to be more at risk for HIV/AIDS than other women in the U.S., there is little information from positive Black women about positive Black women's prevention perspectives, the failure of the prevention models, and their perspectives on effective prevention measures. Black women with HIV/AIDS are configured primarily as victims, poor, sexually deviant, or inferior moms who pass disease to their children. Research helps to reinforce these misconceptions by primarily examining HIV related behaviors outside of a race, class, and gendered framework. Since the perspective of HIV positive Black women are not addressed comprehensively in the design …


Targeted Gene Knock-Out Via Promoter Tagging In Tomato (Lycopersicon Esculentum) And Tobacco (Nicotiana Tabacum)., Alia Kazy Jan 2007

Targeted Gene Knock-Out Via Promoter Tagging In Tomato (Lycopersicon Esculentum) And Tobacco (Nicotiana Tabacum)., Alia Kazy

Electronic Theses and Dissertations 2000 - 2009

Many different ways to create mutants have been established. This research demonstrates yet another variation of the promoter tagging technique that allows for a single step selection of the putative transgenic plants that have a mutation in constitutively expressed genes. While tomato transformants have not yet been convincingly confirmed, tobacco transformation resulted in seven transgenic lines showing resistance to high concentrations of kanamycin. Two transgenic lines were further investigated and three putative promoters isolated. Transient expression analysis of leaves transformed by particle bombardment with vectors carrying beta-glucuronidase gene driven by these putative promoters suggests two of them to be functional. …


Stakeholders, Advocacy Coalitions And The Policy Process: Policy Change In Everglades Restoration, Leslie Taylor Jan 2007

Stakeholders, Advocacy Coalitions And The Policy Process: Policy Change In Everglades Restoration, Leslie Taylor

Electronic Theses and Dissertations 2000 - 2009

This study is about advocacy coalitions' efforts at influencing the debate surrounding the formulation of the Comprehensive Everglades Restoration Plan (CERP). Policy change as utilized in the dissertation views the adoption of CERP as a change in government policy on Everglades restoration that was achieved through competing stakeholders and coalitions. As one of the largest environmental restoration projects ever undertaken in the U.S. and possibly the most complex in terms of reconciling stakeholder views and understanding the science of restoration, the federal government and the state of Florida were keen on providing a formal participatory process for stakeholder input. The …


Technology, Music And Social Change: 17 - 18th Centuries, Bruce Hieronymus Jan 2007

Technology, Music And Social Change: 17 - 18th Centuries, Bruce Hieronymus

Electronic Theses and Dissertations 2000 - 2009

This dissertation examines the interrelationship of technology, music, and social change during the Seventeenth and Eighteenth Centuries. The analysis centers upon operas produced during these centuries beginning with the first opera of Claudio Monteverdi in 1607 and closing with the final opera of Wolfgang Amadeus Mozart in 1791. The historical foundation of music, technology and social change at the beginning of the Seventeenth Century will first be established. Events that directly influence this relationship will then be examined regarding their influence upon opera development. An explanation ofthe subjects of music, technology, and social change and a discussion of the interrelationships …


The Acute Effects Of Different Durations Of Static Stretching On Dynamic Balance Performance, Pablo Brando Costa Jan 2007

The Acute Effects Of Different Durations Of Static Stretching On Dynamic Balance Performance, Pablo Brando Costa

Electronic Theses and Dissertations 2000 - 2009

The purpose of the study was to determine and compare the effects of different durations of stretching on balance. Female subjects (n=23) had their balance assessed before and after two stretching interventions and a control condition on three separate days, at least 48 hours apart. The quadriceps, hamstrings, and plantar flexors were stretched after a warm-up and repeated three times. In one stretching protocol, the positions were maintained for 45 seconds, while in the other stretching protocol, the positions were held for 15 seconds. The 15- second condition produced a significant improvement in the OSI scores (p < 0.05). However, repeated measures ANOVA revealed no significant differences between groups (p = 0.08). These results suggest a stretching protocol with 45-second hold durations does not adversely affect postural stability when using the current stabilometry testing procedure.