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The New Legal Realism, Cass R. Sunstein, Thomas J. Miles

Public Law and Legal Theory Working Papers

The last decade has witnessed the birth of the New Legal Realism—an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant differences between Republican appointees and Democratic appointees, and showing that such differences can be diminished or heightened by panel composition. The New Legal Realists have also started to find that race, sex, and other demographic characteristics sometimes have effects on judicial judgments. At the same …

Economic Efficiency Versus Public Choice: The Case Of Property Rights In Road Traffic Management, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

This Article argues, using the case of responses to traffic congestion, that public choice provides a greater explanation for the emergence of property rights than does economic efficiency. While the traditional solution to traffic congestion is to provide new roadway capacity, that is not an efficient response in that it does not lead to internalization of costs. Moreover, over time new capacity may serve to exacerbate congestion problems: New roadway capacity may induce additional travel that would not have taken place but for the new construction. By contrast, congestion charges—that is, imposing tolls designed to force drivers to internalize the …

Decolonization And The Politics Of Syncretism: The Catholic Church, Indigenous Theology And Cultural Autonomy In Oaxaca, Mexico, Kristin Norget

International Education

Part of a special issue on international perspectives on education and decolonization. The writer examines the indigenous theology practiced by the Roman Catholic church in Oaxaca, Mexico. In particular, he examines the future potential and limitations of this approach for progressive social change, especially in non-Western contexts.

Ralbp1 In Stress Resistance, Kenneth Drake

Chemistry & Biochemistry Dissertations - Archive

Ralbp1 is a multi-specific transporter of glutathione conjugates as well as unconjugated amphiphilic toxins. Because glutathione conjugates are major metabolites of toxic lipid peroxidation products generated as a consequence of oxidant and radiant stress, the hypothesis is put forth that the function of Ralbp1 in-vivo and in vitro should be to protect organisms from chemical stress by removing toxic chemicals. Studies described in this dissertation were designed to prove this hypothesis. We tested the hypothesis by examining whether the inhibition or augmentation of Ralbp1 would sensitize or protect cells and whole animals from the toxic effects of chemicals and radiation. …

The Mental Universe Of Success, Radhashyam Giridharadas

Student Scholarship

Adaptive, transformative changes are not just a luxury for the chosen few but a vital necessity for all organizations. The brutality of market forces, the ephemeral qualities of customer needs, the revolutionary powers of technology and the ravages caused by the passage of time make the need to constantly adapt and renew competitive advantages an undeniable high priority for organizations. Most adaptive changes begin with learning. That learning often inspires a new vision and mindset, and the actions that ensue could result in new cultures, skills, systems and processes. We have collectively referred to all these elements as the mental …

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Table Of Contents

Mercer Law Review

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Issues of legal ethics arose during the survey year in the usual contexts of attorney discipline, malpractice, and ineffective assistance of counsel. In a handful of cases, the Georgia appellate courts also dealt with other issues related to legal ethics.

Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly

Mercer Law Review

This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, United States district courts located in Georgia, and the United States Court of Appeals for the Eleventh Circuit. In addition, the Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii

Mercer Law Review

The Georgia Appellate Courts continue to consider and clarify the impact of the Tort Reform Act of 2005 on trial practice and procedure while addressing other legislation and case law similarly imperative to litigation in Georgia courts. Although the Georgia General Assembly enacted less legislation related to trial practice and procedure during this survey period than in recent years, the few laws passed are noteworthy.

Table Of Cases

Mercer Law Review

No abstract provided.

Effective School Research: Teachers' And Administrators Perceptions Of Its Existence On Campus, Vance Vaughn, Peggy B. Gill, Ross Sherman

Educational Leadership and Policy Studies Faculty Publications and Presentations

Effective school research focuses school improvement on the variables that are within the control of educators and have the greatest potential to impact student achievement: 1) instructional leadership, 2) instructional personnel, 3) instructional environment, and 4) instructional programming. In an era of high accountability with many initiatives being proposed for school reform, effective school research continues to provide valuable research-based information to the school principal, superintendent and larger educational community. By examining the school in relation to this research-based information, educational leaders are informed about factors that promote student achievement. This study surveyed teachers and administrators on eight middle school …

The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2007

St. Dominic Deaf Center, December 2007

Saint Dominic Deaf Center

A newsletter published for Deaf Catholics in Houston, TX

Saint Dominic Deaf Center Finding Aid

Signs Of The Times, Fall-Winter 2007

Signs of the Times

A newsletter published for Deaf Catholics in Rockford, IL

Signs of the Times Finding Aid

Towards Tractable Local Closed World Reasoning For The Semantic Web, Matthias Knorr, Jose Julio Alferes, Pascal Hitzler

Computer Science and Engineering Faculty Publications

Recently, the logics of minimal knowledge and negation as failure MKNF [12] was used to introduce hybrid MKNF knowledge bases [14], a powerful formalism for combining open and closed world reasoning for the Semantic Web. We present an extension based on a new three-valued framework including an alternating fixpoint, the well-founded MKNF model. This approach, the well-founded MKNF semantics, derives its name from the very close relation to the corresponding semantics known from logic programming. We show that the well-founded MKNF model is the least model among all (three-valued) MKNF models, thus soundly approximating also the two-valued MKNF models from …

Semantic Web For Health Care And Biomedical Informatics, Amit P. Sheth

Kno.e.sis Publications

No abstract provided.

Measuring Organizational Usage Of Information Technology, Anand Jeyaraj

Management Information Systems Faculty Publications

Organizations make considerable investments in information technology to support their internal and external operations. For instance, a recent research report by Gartner Inc. indicates that worldwide spending on information technology will reach United States $3.3 trillion for the year 2008.

Did The Kulinas Become The Marubos? A Linguistic And Ethnohistorical Investigation, David W. Fleck

Tipití: Journal of the Society for the Anthropology of Lowland South America

This paper presents the results of a study designed to clear up confusion surrounding the ethnic and linguistic identity of several indigenous groups from western Amazonia that have been denominated “Kulina,” “Marubo,” or variants of these terms.  Linguistic analysis revealed unequivocally that the term Kulina has been used to refer to three different languages, two in the Panoan family and one in the Arawan family, and that the term Marubo has been used to refer to two different languages in the Panoan family.  To elucidate the ethnohistory of each of these five groups, the usage of the terms Kulina and …

Shipibo Hunting And The Overkill Hypothesis, Warren M. Hern

Tipití: Journal of the Society for the Anthropology of Lowland South America

The "overkill" hypothesis, as promulgated by Paul Martin and others, is supported by evidence of asynchronous extinction of megafauna and other species in North America associated with the arrival of Pleistocene hunters in the Western Hemisphere. In this essay, further evidence—based on observations made of the response of a small party of Shipibo hunters in the upper Peruvian Amazon—is offered in support of the hypothesis. These observations were made during an exploratory tripinto the headwaters of a remote Amazonian tributary, a pristine area not occupied by human beings that was plentiful with wildlife. The Shipibo aggressively took the opportunity to …

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

Negotiating 'Professional Agency': Social Work And Decision-Making Within The Ontario Child Welfare System, Henry Parada, Lisa Barnoff, Brienne Coleman

The Journal of Sociology & Social Welfare

This article explores how social work as a discipline has helped to negotiate professional agency in decision-making within the restructured child protection system. The narratives of child protection workers affirm that a restrictive climate does exist in child protection agencies and that it indeed shapes the way they make their decisions. This study uses institutional ethnography as the methodology for exploring the decision-making practices of child protection workers. Three forms of data collection were used: experience as data, documentation reviews and in-depth interviews.

The Pcor Partnership – Building On Successful Regional, National, And International Partnerships, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet about the Plains CO₂ Reduction (PCOR) Partnership. The PCOR Partnership supports regional research to advance safe and effective CO₂ storage. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Retaining Exploring Students: A Comparison Study Of Decided And Undecided College Students, Betty D. Dennis

Dissertations

U.S. four-year institutions graduate fewer than 50% of its first-time, full-time, degree-seeking students within six years Today, improving college student retention and graduation rates is a primary focus of higher education nationwide. Scholars have found that students who enter college undecided and are still exploring majors need a great deal of support to be retained. Research has also demonstrated that between 20% and 50% of entering freshmen have not selected a major course of study and that colleges and universities are concerned these students are at a higher risk of leaving the institution. What is unclear is whether selecting a …

Dialogue: December 2007, Staff And Writers Of Dialogue

Dialogue

The History Issue

02 Elizabeth Oliver, Editor's Note; 04 Kristofer Nivens, Life Again in the Province; 05 Kevin Buist, mountaineers: lake at night; 06 Anna M. Fongers, An Interview with Bob Daining; 07 Natalie Palacios, Sideways; 08 Ben Buursma, The Ithacan Press; 09 amy elise, the storm; 10 J Eizenga, A Scientific Discovery in Three or Four Parts; 12 Austin Hakes, The Truth About Darfur (And What You Can't Do About It); 14 Tamara Verhelle, The LuminoLU Bituminoud; 16 Jeffrey Knol, A short history of us; 17 John Van …

“Changing Relationships With Wilderness: A New Focus For Research And Stewardship, William T. Borrie, Robert G. Dvorak

Society and Conservation Faculty Publications

Wilderness managers strive to provide quality recreation experiences. Because of this commitment, a need exists to further incorporate experiential aspects into current planning and management frameworks. This article suggests a focus on relationships with wilderness, moving beyond the examination of single transactions with a setting toward a consideration of the dynamic engagements visitors accumulate with wilderness over time. Understanding these relationships relative to social and cultural change may allow managers to incorporate diverse meanings into management planning and provide better protection of wilderness character

Monitoring Old Growth In Frequent-Fire Landscapes, Carl E. Fiedler, Peter Friederici, Mark Petruncio

Forest Management Faculty Publications

In this article, we discuss how to monitor the structural and functional attributes of old growth, as well as its associated plant communities and wildlife, both to determine the possible need for treatment and to assess post-treatment progress toward desired conditions. Monitoring can be used to detect conditions (or agents) that threaten existing old growth and also to document indicators of healthy, functioning old-growth systems.

Managing For Old Growth In Frequent-Fire Landscapes, Carl E. Fiedler, Peter Friederici, Mark Petruncio, Charles Denton, W. David Hacker

Forest Management Faculty Publications

There is no one-size-fits-all approach to managing frequent-fire, old-growth forests. However, there are general guidelines to follow: 1) set objectives for both structure (tree density, diameter distribution, tree species composition, spatial arrangement, amount of coarse woody debris) and function (nutrient cycling, desired tree species regeneration); 2) prioritize treatments according to ecological, economic, and social needs and risks; 3) identify the potential treatments (natural fire, prescribed fire, silvicultural cutting) that best meet the objectives and scale of the project; and 4) implement the treatment (s). We discuss each of these guidelines in this article.

National Standards And Role Advancement In U.S. Community Foundations, Michael Wolfe

Student Scholarship

Community foundations administer over $44 billion and distribute $3.6 billion annually to improve quality of life throughout America. The Council on Foundations, a nationwide membership association of grantmaking organizations of all types, developed rigorous, but voluntary, "National Standards for U.S. Community Foundations" in 2000. In light of increased public scrutiny of charitable organizations, standards were developed to define and distinguish community foundations from other philanthropic vehicles and to aid them in establishing legal, ethical and effective operational practices that demonstrate transparency and financial responsibility. In addition, the Standards were conceived to promote self-regulation in a manner viewed positively by policy …