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2008

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Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris Jan 2008

Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Wedlock, Blood Relationship, And Citizenship, Logan Bobo Jan 2008

Wedlock, Blood Relationship, And Citizenship, Logan Bobo

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …

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Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes Jan 2008

Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum Jan 2008

Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum

Cardozo Journal of Equal Rights & Social Justice

The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.

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Reporting Sexual Assault Of Women In The Military, Jodie Friedman Jan 2008

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

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The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc Jan 2008

The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande Jan 2008

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande

Journal of Dispute Resolution

To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this …

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Allergenicity Assessment Of Genetically Modified Crops—What Makes Sense?, Richard E. Goodman, Stefan Vieths, Hugh A. Sampson, David Hill, Motohiro Ebisawa, Ronald Van Ree Jan 2008

Allergenicity Assessment Of Genetically Modified Crops—What Makes Sense?, Richard E. Goodman, Stefan Vieths, Hugh A. Sampson, David Hill, Motohiro Ebisawa, Ronald Van Ree

Department of Food Science and Technology: Faculty Publications

GM crops have great potential to improve food quality, increase harvest yields and decrease dependency on certain chemical pesticides. Before entering the market their safety needs to be scrutinized. This includes a detailed analysis of allergenic risks, as the safety of allergic consumers has high priority. However, not all tests currently being applied to assessing allergenicity have a sound scientific basis. Recent events with transgenic crops reveal the fallacy of applying such tests to GM crops.

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2008-2009 Lindenwood University Graduate Course Catalog, Lindenwood University Jan 2008

2008-2009 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

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2008-2009 Lindenwood University Lcie Course Catalog, Lindenwood University Jan 2008

2008-2009 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

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2008-2009 Lindenwood University Undergraduate Course Catalog, Lindenwood University Jan 2008

2008-2009 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

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Implementing A Forensic Educational Package For Registered Nurses In Two Emergency Departments In Western Australia, Christine M. Michel Jan 2008

Implementing A Forensic Educational Package For Registered Nurses In Two Emergency Departments In Western Australia, Christine M. Michel

Theses

The results of violence are a major public health problem that infiltrates hospital emergency departments (ED) daily. Often, ED nurses are the first healthcare professionals to see patients, speak with family members, handle personal property and collect laboratory specimens. Such actions can be of extreme importance to the 27 different categories of forensic patients. To adequately address forensic patient issues, ED nurses need exposure to forensic education. The aim of this research was to develop and evaluate the effectiveness of a clinical forensic education package on ED nurses’ perceptions, knowledge and care of forensic patients. To accomplish this aim, this …

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Racism And Responsibility, Ladelle Mcwhorter Jan 2008

Racism And Responsibility, Ladelle Mcwhorter

Philosophy Faculty Publications

Forty years after the passage of the Civil Rights Act and the Voting Rights Act and fifty years after the historic Brown v. Board of Education decision, members of racial minority groups are still disproportionately disadvantaged in American society. Despite official civic integration, despite a massive shift in the terms of public discourse, despite a publicly avowed moral and cognitive reorientation on the part of a significant number of whites, neighborhoods and schools are more segregated than ever, whites still control an overwhelming percentage of this country's wealth and hold a virtual monopoly on elite corporate and governmental positions, the …

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(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz Jan 2008

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

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On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz Jan 2008

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

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Durability Of Perfluorosulfonic Acid And Hydrocarbon Membranes: Effect Of Humidity And Temperature, Vijay A. Sethuraman, John W. Weidner, Andrew T. Haug, Lesia V. Protsailo Jan 2008

Durability Of Perfluorosulfonic Acid And Hydrocarbon Membranes: Effect Of Humidity And Temperature, Vijay A. Sethuraman, John W. Weidner, Andrew T. Haug, Lesia V. Protsailo

Faculty Publications

The effect of humidity on the chemical stability of two types of membranes [i.e., perfluorosulfonic acid type (PFSA, Nafion 112) and biphenyl sulfone hydrocarbon type, (BPSH-35)] was studied by subjecting the membrane electrode assemblies (MEAs) to open-circuit voltage (OCV) decay and potential cycling tests at elevated temperatures and low inlet-gas relative humidities. The BPSH-35 membranes showed poor chemical stability in ex situ Fenton tests compared to that of Nafion membranes. However, under fuel cell conditions, BPSH-35 MEAs outperformed Nafion 112 MEAs in both the OCV decay and potential cycling tests. For both membranes, (i) at a given temperature, …

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Physical Activity And Blood Pressure In Childhood: Findings From A Population-Based Study, Sam D. Leary, Andy R. Ness, George Davey Smith, Calum Mattocks, Kevin Deere, Steven N. Blair, Chris J. Riddoch Jan 2008

Physical Activity And Blood Pressure In Childhood: Findings From A Population-Based Study, Sam D. Leary, Andy R. Ness, George Davey Smith, Calum Mattocks, Kevin Deere, Steven N. Blair, Chris J. Riddoch

Faculty Publications

The pathological processes associated with development of cardiovascular disease begin early in life. For example, elevated blood pressure (BP) can be seen in childhood and tracks into adulthood. The relationship between physical activity (PA) and BP in adults is well-established, but findings in children have been inconsistent, with few studies measuring PA mechanically. Children aged 11 to 12 years were recruited from the Avon Longitudinal Study of Parents and Children. 5505 had systolic and diastolic BP measurements, plus valid (at least 10 hours for at least 3 days) accelerometer measures of PA; total PA recorded as average counts per minute …

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The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash Jan 2008

The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

Over the past two decades, the most influential work on the Ninth Amendment has been that of libertarian scholar Randy Barnett. Over a series of articles and books, Barnett has presented the Ninth as a provision originally intended to preserve individual natural rights. Recently uncovered historical evidence, however, suggests that the Ninth originally limited federal power in order to preserve the right to local self-government. I presented this evidence in two articles published by the Texas Law Review, the first dealing with the original meaning of the Ninth Amendment, and the second dealing with a heretofore lost jurisprudence of the …

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A Textual-Historical Theory Of The Ninth Amendment, Kurt T. Lash Jan 2008

A Textual-Historical Theory Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

Despite the lavish attention paid to the Ninth Amendment as supporting judicial enforcement of unenumerated rights, surprisingly little attention has been paid to the Amendment's actual text. Doing so reveals a number of interpretive conundrums. For example, although often cited in support of broad readings of the Fourteenth Amendment, the text of the Ninth says nothing about how to interpret enumerated rights such as those contained in the Fourteenth. The Ninth merely demands that such enumerated rights not be construed to deny or disparage other nonenumerated rights retained by the people. The standard use of the Ninth Amendment, in other …

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Defining Expeditious: Uncharted Territory Of The Dmca Safe Harbor Provision, Debra Weinstein Jan 2008

Defining Expeditious: Uncharted Territory Of The Dmca Safe Harbor Provision, Debra Weinstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski Jan 2008

A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Parameter Estimation And Life Modeling Of Lithium-Ion Cells, Shriram Santhanagopalan, Qi Zhang, Karthikeyan Kumaresan, Ralph E. White Jan 2008

Parameter Estimation And Life Modeling Of Lithium-Ion Cells, Shriram Santhanagopalan, Qi Zhang, Karthikeyan Kumaresan, Ralph E. White

Faculty Publications

Lithium-ion pouch cells were cycled at five different temperatures (5, 15, 25, 35, and 45°C ), and rate capability studies were performed after every hundred cycles. The data were used with a simple physics-based model to estimate parameters that capture the capacity fade in the cell, with cycling. The weight of active material within each electrode was estimated as a function of time, using rate capability data at the C/33 rate. The C-rate for these cells is 1.656 A. The capacity fade due to the loss of active material and that due to the loss of cyclable lithium …

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Thermal Model For A Li-Ion Cell, Karthikeyan Kumaresan, Godfrey Sikha, Ralph E. White Jan 2008

Thermal Model For A Li-Ion Cell, Karthikeyan Kumaresan, Godfrey Sikha, Ralph E. White

Faculty Publications

A thermal model for a lithium-ion cell is presented and used to predict discharge performance at different operating temperatures. The results from the simulations are compared to experimental data obtained from lithium-ion pouch cells. The model includes a set of parameters (and their concentration and temperature dependencies) that has been obtained for a lithium-ion cell composed of a mesocarbon microbead anode, LiCoO2 cathode in 1 M LiPF6 salt, in a mixture of ethylene carbonate, propylene carbonate, ethyl-methyl carbonate, and diethyl carbonate electrolyte. The parameter set was obtained by comparing the model predictions to the experimental discharge profiles obtained …

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A Mathematical Model For A Lithium–Sulfur Cell, Karthikeyan Kumaresan, Yuriy Mikhaylik, Ralph E. White Jan 2008

A Mathematical Model For A Lithium–Sulfur Cell, Karthikeyan Kumaresan, Yuriy Mikhaylik, Ralph E. White

Faculty Publications

A mathematical model is presented for a complete lithium–sulfur cell. The model includes various electrochemical and chemical (precipitation) reactions, multicomponent transport phenomena in the electrolyte, and the charge transfer within and between solid and liquid phases. A change in the porosity of the porous cathode and separator due to precipitation reactions is also included in the model. The model is used to explain the physical reasons for the two-stage discharge profiles that are typically obtained for lithium–sulfur cells.

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Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng Jan 2008

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …

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Squeezing The Juice: The Failed Attempt To Acquire O.J. Simpson's Right Of Publicity, And Why It Should Have Succeeded, Tal Ganani Jan 2008

Squeezing The Juice: The Failed Attempt To Acquire O.J. Simpson's Right Of Publicity, And Why It Should Have Succeeded, Tal Ganani

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff Jan 2008

Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am Jan 2008

Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein Jan 2008

What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Nestlé Schweiz Ag V. Masterfoods Ag; Swiss Federal Supreme Court, No. 4p.222/2006, Decision Of December 21, 2006, Tom Braegelmann, Neil Conley Jan 2008

Nestlé Schweiz Ag V. Masterfoods Ag; Swiss Federal Supreme Court, No. 4p.222/2006, Decision Of December 21, 2006, Tom Braegelmann, Neil Conley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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