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Table Of Contents (V. 49, No. 2)

William & Mary Law Review

No abstract provided.

Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman

William & Mary Law Review

An employer who adopts a facially neutral employment practice that disqualifies a larger proportion of protected-class applicants than others is liable under a disparate impact theory. Defendants can escape liability if they show that the practice is justified by business necessity. But demonstrating business necessity requires costly validation studies that themselves impose a significant burden on defendants-upwards of $100,000 according to some estimates. This Article argues that an employer should have a defense against disparate impact liability if it can show that protected-class applicants failed to make reasonable efforts to train or prepare for a job related test. That is, …

Sustainable Goods Movement: Environmental Implications Of Trucks, Trains, Ships, And Planes, James J. Corbett, James J. Winebrake

Articles

Consumers today have a hard time avoiding products manufactured and transported overseas, as economic globalization moves more goods from factories to major markets throughout the world. For example, in 2005, imports and exports represented approximately 25% of the U.S. economy, up from 15% in 1990.1 Increased goods movements to and from international markets generate increased domestic freight transport, as products are shipped to and from a nation’s ports within a domestic freight transportation infrastructure that includes trucks, trains, ships, and planes. Freight’s increasing economic role implies a proportional increase in energy use and emissions from freight transport modes, contributing significantly …

The Black Hole Mass Of Ngc 4151: Comparison Of Reverberation Mapping And Stellar Dynamical Measurements, Christopher A. Onken, Monica Valluri, Bradley M. Peterson, David Merritt, Et Al.

Articles

We present a stellar dynamical estimate of the black hole (BH) mass in the Seyfert 1 galaxy, NGC 4151. We analyze ground-based spectroscopy as well as imaging data from the ground and space, and we construct 3-integral axisymmetric models in order to constrain the BH mass and mass-to-light ratio. The dynamical models depend on the assumed inclination of the kinematic symmetry axis of the stellar bulge. In the case where the bulge is assumed to be viewed edge-on, the kinematical data give only an upper limit to the mass of the BH of ∼ 4 × 107 M⊙ (1 ). …

End Matter

Swiss American Historical Society Review

No abstract provided.

Front Matter

Swiss American Historical Society Review

No abstract provided.

The Approach Of The Black Death In Switzerland And The Persecution Of Jews, 1348-1349, Albert Winkler

Swiss American Historical Society Review

When the Black Death first arrived in Europe in 1347, it struck along the Mediterranean coast of Italy and southern France. In the following year, the plague swept into central Europe following major trade routes deep into the interior of the continent. The pestilence was one of the most virulent diseases ever to strike the human community, and its impact was devastating, because perhaps a third of the population of Europe died in the next several years. People were dying at an unprecedented rate, and no one knew precisely what the contagion was or how to stop it. 1 A …

The Ecological Significance Of The Herbaceous Layer In Temperate Forest Ecosystems, Frank S. Gilliam

Biological Sciences Faculty Research

Despite a growing awareness that the herbaceous layer serves a special role in maintaining the structure and function of forests, this stratum remainsan underappreciated aspect of forest ecosystems. In this article I review and synthesize information concerning the herb layer’s structure,composition, and dynamics to emphasize its role as an integral component of forest ecosystems. Because species diversity is highest in the herb layeramong all forest strata, forest biodiversity is largely a function of the herb-layer community. Competitive interactions within the herb layer candetermine the initial success of plants occupying higher strata, including the regeneration of dominant overstory tree species. Furthermore, …

Using Children’S Literature To Teach Writing, Rachel Schwedt, Janice A. Delong

Faculty Publications and Presentations

Selected titles of children’s literature are shown that can enhance writing instruction. Titles shared cut across content areas and address the writing of letters, journals, non-fiction, poetry, and fables. The following information is given for each title: awards won, themes, writing ideas, and website addresses for further information. The target audience is grades 4-8.

Property Tests, Due Process Tests And Regulatory Takings Jurisprudence, Steven J. Eagle

BYU Law Review

No abstract provided.

Third-Party Profit-Taking In Tax Exemption Jurisprudence, Darryll K. Jones

BYU Law Review

No abstract provided.

Battling In The Name Of Balance: Evaluating Solutions To Copyright Conflict In Viacom International V. You Tube, Alexis Allen

BYU Law Review

No abstract provided.

I Want My Mtv ... And My Abc, Cbs, Nbc, And Fox: Cbs Broadcasting, Inc. V. Echostar Communications Corp., The Satellite Home Viewer Act Of 1988, And An Argument For Consumer Choice In Distant Network Broadcasting, Kevin W. Harris

BYU Law Review

No abstract provided.

The Discretionary Function Exception To The Federal Tort Claims Act: A Proposal For A Workable Analysis, Andrelv Hyer

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Most Popular Downloads -- October 2007

Institutional Repository Information

The 261 articles downloaded at least once per day (total > 30), with links and download totals; plus analysis of 6,806 more articles downloaded at least once. For October 2007, 7,067 of 9,966 available articles (71%) were downloaded at least once. Contains 2 pie charts.

Realists And Reformers In The Nineteenth Century, Claudia Stokes

English Faculty Research

Amid the violence and tensions of contemporary globalization, it is perhaps unsurprising that American literary historians of the last decade have been preoccupied by literary transnationalism. As with the work of such critics as Anna Brickhouse, Wai Chee Dimock, and Kirsten Silva Gruesz (among many others), this field of research has carefully exposed the international contexts of American literature and put pressure on the nationalist borders that have always delimited literary history. Amanda Claybaugh’s new book, The Novel of Purpose, is a worthy contribution to this growing field of transnational literary history.

Epidural Anaesthesia During Labour For A Patient With Congenital Complete Heart Block: A Case Report, Abdul Monem, Ursula Chohan, Mohammed Ali

Department of Anaesthesia

We report labour pain management in a full-term pregnant patient with Congenital Complete Heart Block. She delivered uneventfully under routine monitoring with facilities for pacing at hand. She previously had an uneventful normal delivery and a D&E, both outside our hospital. Only findings were a low heart rate of 45-50 beats per minute. She never had syncopal attacks. She had a good effort tolerance on ETT. Her ejection fraction was 60% on Echocardiogram. She was given a single shot low dose spinal with fentanyl followed by epidural insertion. She successfully delivered through mid-cavity forceps in about 2.5 hours. The only …

Eltrombopag For The Treatment Of Chronic Idiopathic Thrombocytopenic Purpura, James Bussel, Bhabita Mayer, Nicole Stone, Michael Arning, Drew Provan, Mansoor Saleh

Haematology and Oncology, East Africa

Background: The pathogenesis of chronic idiopathic thrombocytopenic purpura (ITP) involves antibody-mediated platelet destruction and reduced platelet production. Stimulation of platelet production may be an effective treatment for this disorder.

Methods: We conducted a trial in which 118 adults with chronic ITP and platelet counts of less than 30,000 per cubic millimeter who had had relapses or whose platelet count was refractory to at least one standard treatment for ITP were randomly assigned to receive the oral thrombopoietin-receptor agonist eltrombopag (30, 50, or 75 mg daily) or placebo. The primary end point was a platelet count of 50,000 or more per …

Factors Associated With Teenage Pregnancy In The European Union Countries: A Systematic Review, Mari Imamura, Janet Tucker, Phil Hannaford, Miguel Oliveira Da Silva, Margaret Astin, Laura Wyness, Kitty Wm Bloemenkamp, Albrecht Jahn, Helle Karro, Jørn Olsen, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Background: As part of the REPROSTAT2 project, this systematic review aimed to identify factors associated with teenage pregnancy in 25 European Union countries.

Methods: The search strategy included electronic bibliographic databases (1995 to May 2005), bibliographies of selected articles and requests to all country representatives of the research team for relevant reports and publications. Primary outcome measure was conception. Inclusion criteria were quantitative studies of individual-level factors associated with teenage (13–19 years) pregnancy in EU countries.

Results: Of 4444 studies identified and screened, 20 met the inclusion criteria. Most of the included studies took place in UK and Nordic countries. …

Pregnancy Outcome In Primiparae Of Advanced Maternal Age, Ilse Delbaere, Hans Verstraelen, Sylvie Goetgeluk, Guy Martens, Guy De Backer, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Objective: To investigate the impact of maternal age on singleton pregnancy outcome, taking into account intermediate and confounding factors.

Study design: In this population-based retrospective cohort study, perinatal data of primiparous women aged 35 years or more ( n = 2970), giving birth to a singleton child of at least 500 g, were compared to data of primiparous women aged 25–29 years old ( n = 23,921). Univariate analysis was used to assess the effect of maternal age on pregnancy outcomes. The effects of intermediate (hypertension, diabetes and assisted conception) and confounding factors (level of education) were assessed through multivariable …

An Ethnically Well-Mixed Christian, Peter Kuzmič

Occasional Papers on Religion in Eastern Europe

No abstract provided.

Friends With Benefits?, Laura A. Rosenbury

Michigan Law Review

Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships, namely friendship. This Article examines the effects of that focus, illustrating how it frustrates one of the goals embraced by most family law scholars over the past forty years: the achievement of gender equality, within the family and without. Part I examines the current scope of family law doctrine and scholarship, highlighting the ways in which the home is still the organizing structure for family. Despite calls for increased legal recognition of diverse families, few scholars …

Offsetting Risks, Ariel Porat

Michigan Law Review

Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a risk of 500 (there is a probability of .1 that a harm of 5000 will result), and Course of Action B, which creates a risk of 400 (there is a probability of.] that a harm of 4000 will result), and who negligently opts for the former will be held liable for the entire harm of 5000 that materializes. This full liability forces the injurer to pay damages that are five times higher than would be necessary to internalize the risk of 100 that …

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Michigan Law Review

Most academics assume that suburbanites are "exiters " who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: exiters' historical, social, and economic connections with "their" center cities are frequently used to justify both growth controls and regional government. The exit story, however no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not exit from, urban life. Most suburbanites are "enterers "-people who were born in, or migrated directly to, suburbs and who have not spent time living in any …

Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic

Michigan Law Review

Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public's reasonable …

Info: November 2007, Seattle University Law Library

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Conspiracy To Commit Poetry: Empathetic Lawyering At Guantanamo Bay, Marc Falkoff

Seattle Journal for Social Justice

No abstract provided.

A Note From Guantanamo, Suleiman Awath Bin Ageel Al-Nahdi

Seattle Journal for Social Justice

No abstract provided.

A Note From Guantanamo, Suleiman Awath Bin Ageel Al-Nahdi

Seattle Journal for Social Justice

No abstract provided.