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2007

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Vulnerability And The Erosion Of Seismic Culture In Mountainous Central Asia, Sarah J. Halvorson, Jennifer Parker Hamilton Nov 2007

Vulnerability And The Erosion Of Seismic Culture In Mountainous Central Asia, Sarah J. Halvorson, Jennifer Parker Hamilton

Geography Faculty Publications

Vulnerability to earthquake disasters in mountainous regions frequently escapes investigation and analysis. The tragic and costly earthquake disasters that have recently occurred in Central Asia have spurred important questions among local, regional, and international policymakers, scientists, and social activists regarding the root causes of earthquake vulnerability. Drawing on an analysis of recent earthquake disasters in Kyrgyzstan, Tajikistan, Afghanistan, and Pakistan, this article explores the concept of “seismic culture” (Degg and Homan 2005) in relation to vulnerability. Specifically, it argues that diminishing levels of indigenous hazard knowledge, demographic shifts, gendered livelihood transformations, and the lack of public access to science- based …

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Boundaries Of Exclusion, Geogrette Chapman Phillips Nov 2007

Boundaries Of Exclusion, Geogrette Chapman Phillips

Missouri Law Review

This article is a story about boundaries and exclusion and about how - or whether - there is a community based right to exclude nonresidents. The right of the individual to own property, to defend that property and to exclude others from entering that property are sticks in the bundle of rights enshrined in US property law. The limitations on that exclusion are determined by the creation of a legally defined property line that bounds these rights. That part of our story is relatively straightforward. However, we do not live our lives in isolation. We surround ourselves with a chosen …

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Teaching Property - A Conceptual Approach, Dale A. Whitman Nov 2007

Teaching Property - A Conceptual Approach, Dale A. Whitman

Missouri Law Review

The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …

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Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Nov 2007

Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which …

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The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Nov 2007

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.

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Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller Nov 2007

Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We study jury trial waivers in a data set of 2,816 contracts contained as exhibits in Form 8-K filings by reporting corporations during 2002. Because these contracts are associated with events deemed material to the financial condition of SEC-reporting firms, they likely are carefully negotiated by sophisticated, well-informed parties and thus provide presumptive evidence about the value associated with the availability of jury trials. A minority of contracts, about 20 percent, waived jury trials. An additional 9 percent of contracts had arbitration clauses that effectively preclude jury trials though the reason for arbitration clauses need not specifically relate to juries. …

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Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Nov 2007

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Cornell Law Faculty Publications

This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it …

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Risks And Realities Of Mezzanine Loans, Andrew R. Berman Nov 2007

Risks And Realities Of Mezzanine Loans, Andrew R. Berman

Missouri Law Review

This article is a first step in evaluating and discussing some of the hazards, legal risks and uncertainties inherent in mezzanine financings and the way in which the market fails to adequately take these factors into account. In Part II, I describe the legal background and structure of mezzanine loans. Part III focuses on the risks and realities of mezzanine loans. In particular, I describe some of the difficulties in perfecting a security interest in, and foreclosing upon, mezzanine loan collateral. In Part IV, I argue that the recent subprime mortgage crisis offers a cautionary tale for many of the …

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Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester Nov 2007

Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester

Missouri Law Review

Part II of this Article discusses Fannie Mae and Freddie Mac, their creation and evolution, their current role in the secondary market, and the development and current use of the Fannie Mae/Freddie Mac standardized forms. Part III looks at these uniform mortgage instruments in detail, and compares them to other residential loan documents and to commercial mortgage loan documents. Part III also considers typical terms of other consumer transactions that are not so balanced and explores how the problems that consumers face in choosing consumer credit make loan documents with fair terms particularly beneficial to consumers. Part IV discusses current …

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Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson Nov 2007

Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson

Missouri Law Review

The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …

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Thank You, Dale, R. Wilson Freyermuth Nov 2007

Thank You, Dale, R. Wilson Freyermuth

Missouri Law Review

Often in symposium issues, it is customary for the organizer to prepare a foreword that introduces each author and presents a brief synopsis of each article. As is true for most symposia, the authors in this issue (and their articles) are worthy of such praise and attention. I hope you will read and enjoy each of the articles, but this foreword is not going to summarize or describe them. Instead, with the indulgence of the other authors, this foreword will focus on Dale Whitman - in whose honor these articles were prepared and presented at the University of Missouri-Columbia School …

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Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein Nov 2007

Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein

Missouri Law Review

This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …

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In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee Nov 2007

In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee

Missouri Law Review

In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …

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Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth Nov 2007

Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth

Missouri Law Review

This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …

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Doctrines Of Waste In A Landscape Of Waste, John A. Lovett Nov 2007

Doctrines Of Waste In A Landscape Of Waste, John A. Lovett

Missouri Law Review

While I do not deny that classic waste cases - conflicts between life tenants and future interest holders over alleged instances of voluntary waste - are less common today than they used to be (but perhaps not as uncommon as some might think), my goals in this article are to reawaken readers to the importance of waste doctrine, to suggest that the great days of waste may not be completely in the past, to recommend some new uses for waste cases as teaching tools, and generally to urge a renewed appreciation for waste - an appreciation that Dale Whitman, for …

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Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll Nov 2007

Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll

Missouri Law Review

The Missouri single subject provision, which requires that each bill enacted by the Missouri Legislature contain a single subject, is one of the great equalizers in backroom politics. Simply put, it is a hurdle that prevents legislators from hijacking the legislative process by attaching an unrelated provision to a proposed bill. This is a practice that many of our Federal legislators find to be a daily occurrence, but one that our state politicians are prevented from doing under the single subject provision of the Missouri Constitution. However, even with the broad prohibition outlined in the single subject provision, for the …

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Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden Nov 2007

Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden

Missouri Law Review

Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …

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Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper Nov 2007

Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper

Missouri Law Review

This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between …

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Business School's Advisory Board Advises Students During Fall Meeting, Meghan Storey Nov 2007

Business School's Advisory Board Advises Students During Fall Meeting, Meghan Storey

University of Mississippi News

OXFORD, Miss. - Members of the Business School Advisory Board in the School of Business Administration at the University of Mississippi offered business students advice and guidance during the board's fall meeting on campus in October.

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University Of South Dakota Law Professor To Speak On Indian Law, Lauren Freeman Nov 2007

University Of South Dakota Law Professor To Speak On Indian Law, Lauren Freeman

University of Mississippi News

OXFORD, Miss. -- A University of South Dakota law professor with expertise in Indian Law is slated to deliver a lecture Nov. 15 on the subject at the University of Mississippi.

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Mustang Daily, November 1, 2007 Nov 2007

Mustang Daily, November 1, 2007

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

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The Native Health Database Project, 1993-2007, Patricia V Bradley Nov 2007

The Native Health Database Project, 1993-2007, Patricia V Bradley

Posters and Presentations

No abstract provided.

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Pain Management: Roles Of Anesthetists Nurses At King Chulalongkorn Memorial Hospital, K. Toleb Nov 2007

Pain Management: Roles Of Anesthetists Nurses At King Chulalongkorn Memorial Hospital, K. Toleb

Chulalongkorn Medical Journal

No abstract provided.

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Involvement Of 5-Ht2a Receptor In Chronic Inflammatory Pain, M. Kaewwongse, Le Grand Sm., A. Srikiatkhachorn Nov 2007

Involvement Of 5-Ht2a Receptor In Chronic Inflammatory Pain, M. Kaewwongse, Le Grand Sm., A. Srikiatkhachorn

Chulalongkorn Medical Journal

No abstract provided.

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Oxidative Hemolysis And Osmotic Fragility Of Erythrocytes In Renovascular Hypertensive And Normotensive Rats, C. Saengkhae, W. Arunnopparat, P. Sangkajon Nov 2007

Oxidative Hemolysis And Osmotic Fragility Of Erythrocytes In Renovascular Hypertensive And Normotensive Rats, C. Saengkhae, W. Arunnopparat, P. Sangkajon

Chulalongkorn Medical Journal

No abstract provided.

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Development Of Diabetic Nephropathy: Involving Factors, M. Yusuksawad Nov 2007

Development Of Diabetic Nephropathy: Involving Factors, M. Yusuksawad

Chulalongkorn Medical Journal

No abstract provided.

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Knowledged, Attitude, And Clinical Teaching Performamce To Bursing Students Of Nurses In Private Hospitals Through Nursing Preceptor System With One-Toone Ratio Apporach, N. Numfone, A. Cheevakasemsook, N. Wuttiwat Nov 2007

Knowledged, Attitude, And Clinical Teaching Performamce To Bursing Students Of Nurses In Private Hospitals Through Nursing Preceptor System With One-Toone Ratio Apporach, N. Numfone, A. Cheevakasemsook, N. Wuttiwat

Chulalongkorn Medical Journal

No abstract provided.

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William Pope L. At Santa Monica Museum Of Art, Micol Hebron Nov 2007

William Pope L. At Santa Monica Museum Of Art, Micol Hebron

Art Faculty Articles and Research

This article focuses on William Pope's three part installation Art After White People: Trees, Time & Celluloid.

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Elizabeth Tremante At Central Utah Art Center, Micol Hebron Nov 2007

Elizabeth Tremante At Central Utah Art Center, Micol Hebron

Art Faculty Articles and Research

This article focuses on painter Elizabeth Tremante and her exhibit that showcases art of the discord between urban and rural viewpoints.

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Some Challenges For Legal Pragmatism: A Closer Look At Pragmatic Legal Reasoning, Andrew J. Morris Nov 2007

Some Challenges For Legal Pragmatism: A Closer Look At Pragmatic Legal Reasoning, Andrew J. Morris

Northern Illinois University Law Review

This article draws on the literature of legal pragmatism to identify distinctive characteristics of pragmatic reasoning. It then conducts a methodical comparison of pragmatic reasoning with more principled reasoning, which the article identifies as reasoning that gives normative force to formal legal reasons. The article conducts this comparison based on five criteria: (1) generality versus contextuality; (2) level of decision costs; (3) effect on rate of true judicial error; (4) effect on predictability; and (5) effect on judicial legitimacy.

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