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2007

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Dismantling The Master's House : Deconstructing The Roots Of Antiblack Racism And The Construction Of The "Other" In Judaism, Christianity And Islam., John Chenault Dec 2007

Dismantling The Master's House : Deconstructing The Roots Of Antiblack Racism And The Construction Of The "Other" In Judaism, Christianity And Islam., John Chenault

Electronic Theses and Dissertations

This critical inquiry into the social constructions of "black" and "white" identities analyzes the roles of the three "western" monotheisms (Judaism, Christianity and Islam) in the cognitive and sociohistorical developments of racial slavery and antiblack racism. Specifically, it investigates the sociohistorical consequences of the inherent dualisms of the "western" monotheisms and how those dualisms are expressed in the production of social theories and systems that rely on believer/non-believer oppositions and binaries defined by a Manichaean view of the universe and a teleological conception of history that fosters and sustains an eternal holy war against infidels. What emerges from this analysis …


Grid Computing For Hyperspectral Data Processing, Stefan A. Robila, Nicholas A. Senedzuk Dec 2007

Grid Computing For Hyperspectral Data Processing, Stefan A. Robila, Nicholas A. Senedzuk

Department of Computer Science Faculty Scholarship and Creative Works

We investigate the use of a flexible grid architecture for hyperspectral image processing. Recording data in tens or hundreds of narrow contiguous spectral intervals, hyperspectral data outperform multispectral imagery by allowing the detection of relatively small differences in material composition and of targets occupying a surface smaller than the one covered by a pixel (called subpixel targets). However, with increased spatial and spectral resolution, processing such data often leads to computational costs prohibitive to regular computer systems. While distributed or parallel computing are often found as solutions, many current configurations are still unable to reach the computational complexity level that …


Circumventing Daubert In The Gene Pool, Erica Beecher-Monas Dec 2007

Circumventing Daubert In The Gene Pool, Erica Beecher-Monas

Tulsa Law Review

No abstract provided.


Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin Dec 2007

Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin

William & Mary Bill of Rights Journal

American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

William & Mary Bill of Rights Journal

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …


Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell Dec 2007

Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell

William & Mary Bill of Rights Journal

No abstract provided.


Grass Phylogeny And Classification: Conflict Of Morphology And Molecules, Bryan K. Simon Dec 2007

Grass Phylogeny And Classification: Conflict Of Morphology And Molecules, Bryan K. Simon

Aliso: A Journal of Systematic and Floristic Botany

The grass family (Poaceae) has been recognized as a unique lineage for more than 200 years, based initially on characters of inflorescence and spikelet morphology and corroborated by anatomical and other features in the latter half of the twentieth century. There have been a number of attempts to derive a phylogeny of sections of the family from structural (morphological and anatomical) characters. However, more recently the Grass Phylogeny Working Group (2001) applied cladistic principles to the whole family using molecular and structural characters. This study produced a single most-parsimonious tree from six molecular sequence data sets, chloroplast restriction site data, …


Phylogeny Of Triticeae (Poaceae) Based On Three Organelle Genes, Two Single-Copy Nuclear Genes, And Morphology, Ole Seberg, Gitte Petersen Dec 2007

Phylogeny Of Triticeae (Poaceae) Based On Three Organelle Genes, Two Single-Copy Nuclear Genes, And Morphology, Ole Seberg, Gitte Petersen

Aliso: A Journal of Systematic and Floristic Botany

Triticeae are renowned for their complicated taxonomy, but their phylogeny is equally intricate and perplexing, and remains largely unresolved. Based on morphology and nucleotide sequences from two plastid genes (rbcL, rpoA), one mitochondrial gene (coxII), and two single-copy nuclear genes (DMC1, EF-G), the most comprehensive hypothesis (both with respect to taxa and data points) of the phylogeny of diploid Triticeae to date is presented. The incongruence length difference tests clearly indicate that the four logical data partitions (morphology and the three genome compartments) are mutually incongruent, except the mitochondrial and nuclear sequences. …


Eurasian Tree Sparrow—A First Record For Nebraska, Mark A. Brogie Dec 2007

Eurasian Tree Sparrow—A First Record For Nebraska, Mark A. Brogie

Nebraska Bird Review

On Thursday, 01 February 2007, Scott Raasch of rural Madison County called to say he had what he believed to be a Eurasian Tree Sparrow (Passer montanus) coming to a feeder at his house just east of Enola. The bird had been present for about a week, although he had just identified the species upon purchasing a new field guide. He reported that the bird was very wary and only stayed for a short time at the feeder. The bird was most often observed in the early morning or just before dusk.

Dave Heidt and I arrived the …


Catholic Education: Distinctive And Inclusive, By John Sullivan, Susan Richter Dec 2007

Catholic Education: Distinctive And Inclusive, By John Sullivan, Susan Richter

Journal of Catholic Education

No abstract provided.


Guaranteed Ride Home Programs: A Study Of Program Characteristics, Utilization, And Cost, William B. Menczer Dec 2007

Guaranteed Ride Home Programs: A Study Of Program Characteristics, Utilization, And Cost, William B. Menczer

Journal of Public Transportation

Guaranteed ride home programs play an important role in increasing public transportation ridership by providing a good reason to separate commuters from their single occupancy vehicles. Since they are inexpensive insurance policies, these programs provide a cost-effective way for a commuter to leave work in the event of a personal or family emergency or unexpected overtime. Research results show that usage rates and costs are quite low. As a possible incentive for commuters to leave their cars at home, these findings may make these programs attractive to communities that want to reduce congestion by increasing public transportation use. The research …


Examining Incentives And Preferential Treatment Of Carpools On Managed Lane Facilities, David Ungemah, Ginger Goodin, Casey Dusza, Mark Burris Dec 2007

Examining Incentives And Preferential Treatment Of Carpools On Managed Lane Facilities, David Ungemah, Ginger Goodin, Casey Dusza, Mark Burris

Journal of Public Transportation

As managed lanes (ML) are considered throughout more than 25 North America cities, there is a need for guidance in defining the role of carpools in tolled ML and the trade-offs between carpool exemptions and other project objectives. Increasingly, project objectives are reflecting not only mobility concerns but the need to generate revenue as well. As a result, allowing exempt or discounted users, such as carpools on priced-ML requires an evaluation of revenue impacts as well as mobility interests such as person movements, operations, and emissions. This article highlights the existing body of knowledge regarding carpooling, facilities, and incentives designed …


0566 Interim Committee On Long-Term Health Care Services And Supports To Persons With Developmental Disabilities, Colorado Legislative Council Dec 2007

0566 Interim Committee On Long-Term Health Care Services And Supports To Persons With Developmental Disabilities, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.


0570 Interim Committee On Police Officers' And Firefighters' Pension Reform Commission, Colorado Legislative Council Dec 2007

0570 Interim Committee On Police Officers' And Firefighters' Pension Reform Commission, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.


Table Of Contents, Volume 6, Number 2, 2007, Editorial Board Dec 2007

Table Of Contents, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Six, Issue Number Two.


Construction Law, Dana R. Grantham, David L. Hobson, David J. Mura Jr. Dec 2007

Construction Law, Dana R. Grantham, David L. Hobson, David J. Mura Jr.

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2006 and May 31, 2007. The cases this year are divided into four general categories: (1) contracts, (2) torts, (3) liens and bonds, and (4) arbitration. Recent legislation is summarized in Section V of this Article.


Death Penalty Law, Therese M. Day Dec 2007

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2006 through May 31, 2007. The cases include those that were heard by the Georgia Supreme Court on interim appeal and direct appeal,1 and discussion is limited to claims which present new issues of law, refine existing law, or are otherwise instructive. This Article does not discuss holdings in capital cases that are common to all criminal appeals because these are discussed elsewhere in this Survey.


Administrative Law, Martin M. Wilson, Jennifer A. Blackburn Dec 2007

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …


Domestic Relations, Barry B. Mcgough, Gregory R. Miller Dec 2007

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

This survey period saw domestic relations law continue to evolve through new legislation and new case law. The 2006 Georgia legislature made dramatic changes to the child support calculations that took effect in 2007. The 2007 Georgia legislature has turned its focus to child custody issues, including passing laws requiring parenting plans in custody, allowing attorney fee awards, and allowing for direct appeals in child custody cases. The Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, and as a result, the appellate courts have been able to give guidance to those interested in domestic relations law.


Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan Dec 2007

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations between Georgia employers and employees. Accordingly, it surveys published decisions from the Georgia Court of Appeals and the Georgia Supreme Court from June 1, 2006 to May 31, 2007, as well as selected cases decided by the United States District Court, which purported to refine principles of Georgia employment law. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").


Local Government Law, R. Perry Sentell Dec 2007

Local Government Law, R. Perry Sentell

Mercer Law Review

This particular [City Commission] meeting had drawn on for quite some time, until it was getting fairly late. We heard someone knocking very rapidly on the plate glass window. As I turned around, I observed an elderly woman, the wife of the Mayor. The Mayor appeared to ignore his wife and continued to conduct the meeting. Not getting any response from her knocking, the wife then walked into the building, grabbed the Mayor by the arm, and scolded him that it was ridiculous that the City Commission was meeting so late at night. "You," she informed the Mayor, "are going …


Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz Dec 2007

Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz

Mercer Law Review

The Georgia Supreme Court reviewed, and reversed, two cases featured prominently in last year's Insurance survey article, and it also held a key provision of tort reform preempted by federal law.

The Georgia Supreme Court reversed the decision in Ryder Integrated Logistics, Inc. v. BellSouth Telecommunications, Inc. and held that an agreement to name another as an additional insured could not be used to salvage an invalid indemnification clause in the parties' contract. The legislature amended Official Code of Georgia Annotated ("O.C.G.A.") section 13-8-2 to help avoid this type of litigation in the future.

However, both appellate courts continued …


Torts, Deron R. Hicks, Travis C. Hargrove Dec 2007

Torts, Deron R. Hicks, Travis C. Hargrove

Mercer Law Review

No abstract provided.


Real Property, Linda S. Finley Dec 2007

Real Property, Linda S. Finley

Mercer Law Review

Each year, as the number of cases involving real property reported by Georgia's appellate courts continues to increase, it becomes more and more difficult to determine which cases to include in this survey Article. Nevertheless, this Article discusses case law and legislative developments in Georgia real property law from June 1, 2006 through May 31, 2007, selected either for their significance to real property law, to update attorneys who either regularly or from time to time practice or render opinions regarding real property, or to survey trends. However, as the reader may see, at times the cases surveyed were selected …


Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Joseph L. Cooley, John Chadwick Torri, Victor A. Ellis Dec 2007

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Joseph L. Cooley, John Chadwick Torri, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law that were handed down by Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases surveyed fall primarily within five categories: (1) condemnation, (2) nuisance and trespass, (3) easements and restrictive covenants, (4) zoning, and (5) miscellaneous.


Justice For None: The Fourth Circuit's Decision In Denny V. Elizabeth Arden Salons, Inc. Undermines The Civil Rights Act Of 1964., Sarah Martinez Dec 2007

Justice For None: The Fourth Circuit's Decision In Denny V. Elizabeth Arden Salons, Inc. Undermines The Civil Rights Act Of 1964., Sarah Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Since Congress passed the Civil Rights Act of 1964, courts continue to grapple with identifying what establishments qualify as public accommodations. More specifically, the most contested section covers places of entertainment. There is a split in interpretation regarding whether to include establishments not expressly listed. The Fourth Circuit Court of Appeals, in Denny v. Elizabeth Arden Salons, Inc., ruled to exclude establishments not expressly listed, applying a strict textual approach. This Court’s ruling directly undermines the Civil Rights Act’s purpose of affording equal protection by drawing arbitrary distinctions between full-service spas and other spas. The Fourth Circuit Court’s narrow interpretation …


The Door To Higher Education: Accessible To All - Whether State-Funded Merit-Aid Programs Discriminate Against Minorities And The Poor., Erin Oehler Dec 2007

The Door To Higher Education: Accessible To All - Whether State-Funded Merit-Aid Programs Discriminate Against Minorities And The Poor., Erin Oehler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Improvisation Within The Research And Concepts Of Creative Studies, Daniel Dore Dec 2007

Improvisation Within The Research And Concepts Of Creative Studies, Daniel Dore

Creativity and Change Leadership Graduate Student Master's Projects

This project uses the different research and concepts with the curriculum of the Creative Studies program and integrates them within the scene-games of improvisation. The purpose of this is to learn or reinforce this research in one of the most fun and exciting ways possible.


Goodbye To All That, Or A Fool's Errand, By One Of The Fools: How I Stopped Worrying About Court Responses To Handwriting Identification (And Forensic Science In General) And Learned To Love Misinterpretations Of Kumho Tire V. Carmichael , Michael D. Risinger Dec 2007

Goodbye To All That, Or A Fool's Errand, By One Of The Fools: How I Stopped Worrying About Court Responses To Handwriting Identification (And Forensic Science In General) And Learned To Love Misinterpretations Of Kumho Tire V. Carmichael , Michael D. Risinger

Tulsa Law Review

No abstract provided.


Industrial And Competition Policies In Mexico, Eduardo Perez Motta Dec 2007

Industrial And Competition Policies In Mexico, Eduardo Perez Motta

Chicago-Kent Law Review

Until the 1980s, the Mexican economy was closed and strongly directed and controlled by the central government. However, starting with the second half of this decade and continuing into the 1990s, a marked change in industrial policy sought to create conditions that would open the economy and foster competition and economic efficiency. This process was undertaken by implementing a first generation of reforms, which included policies designed to attain macroeconomic stability, trade openness, and a modernization of the regulatory framework. A second generation of reforms included the application of horizontal instruments, like standardization and metrology; the passing of new laws, …