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2008

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Disclosure's Failure In The Subprime Mortgage Crisis, Steven L. Schwarcz Jan 2008

Disclosure's Failure In The Subprime Mortgage Crisis, Steven L. Schwarcz

Utah Law Review

This article examines the "finance" part of the subprime mortgage crisis. In a separate article, I examined financial-market anomalies and obvious market protections that failed, seeking insight into the subprime mortgage crisis. The crisis, I argued, can be attributed in large part to three causes: conflicts, complacency, and complexity. This article focuses on the third cause complexity and, in particular, on complexity's undermining of the disclosure paradigm of securities law, causing investors such as commercial and investment banks to lose many billions of dollars on securities backed by subprime mortgages.

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Shari 'Ah 'S "Black Box": Civil Liability And Criminal'exposure Surrounding Shari 'Ah-Compliant Finance, David Terushalmi Jan 2008

Shari 'Ah 'S "Black Box": Civil Liability And Criminal'exposure Surrounding Shari 'Ah-Compliant Finance, David Terushalmi

Utah Law Review

Shari 'ah-compliant finance exposes financial institutions and other businesses to a host of disclosure, due diligence, and compliance issues, all of which elevate the civil liability and criminal exposure such companies otherwise factor into their business risk profiles. Preliminary legal analysis indicates that little of this increased civil and criminal exposure has been recognized, analyzed, or guarded against in any meaningful way. Rather than confronting issues material to a typical post-9/11 investor, lawyers and accountants have placed SCF in a secular "black box," immune from the exacting scrutiny required of professional advisors in the modem U.S. legal regime. -But failure …

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Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero, Ii Jan 2008

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero, Ii

Utah Law Review

This article opened by pointing out what on its face seemed to be inconsistencies between Justice Clarence Thomas's opinions in Kelo and Parents. As the rest of the article has attempted to demo.nstrate, however, the color consciousness and color blindness of Justice Thomas in each case was the predictable consequence of the spatial con~truction of metropolitan space in the period between Berman-Brown and Kelo-Parents. This era opened diffidently. Whereas Brown and subsequent school litigation. represented the potential for a fundamental challenge to White supremacy, Berman's color-blind deference to urban and metropolitan fractionalization made it increasingly difficult to overcome the multicolor …

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Who Is A "Terrorist"? Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin J. Priester Jan 2008

Who Is A "Terrorist"? Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin J. Priester

Utah Law Review

The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in th United States. Despite its prominence, the nature of that threat is notoriously diffcult to define. On the one hand, terrorists might be compared to other kinds f organized, dangerous criminals who should be prosecuted and punished using e federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …

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A Method To Protect Computer Programs: The Integration Of Copyright, Trade Secrets, And Anticircumvention Measures, Deborah Azar Jan 2008

A Method To Protect Computer Programs: The Integration Of Copyright, Trade Secrets, And Anticircumvention Measures, Deborah Azar

Utah Law Review

Unlike other forms of expression,' software was born digital, making protection against copying one of the main concerns of the software industry. Software is machine-readable code, written by humans, that gives instructions to a computer. Software can also be read by humans. Software is written in source code and then compiled into object code in order for it to be read by a computer. That code can be decompiled with the use of other programs which perform an operation to reverse the code. In 1994~ Pamela Samuelson, Randall Davis, Mitchell D. Kapor, and J. H. Reichman ended their Manifesto Concerning …

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Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels Jan 2008

Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels

Publications and Research

The emergence of the digital era has had unintended consequences for race, civil rights, and hate speech.This chapter looks at the prevalence of both overtly racist sites, such as Stormfront, and at "cloaked" sites, that purport to advocate civil rights but disguise a racist agenda.

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Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray Jan 2008

Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray

Faculty Scholarship

No abstract provided.

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Refactoring Tools: Fitness For Purpose, Emerson Murphy-Hill, Andrew P. Black Jan 2008

Refactoring Tools: Fitness For Purpose, Emerson Murphy-Hill, Andrew P. Black

Computer Science Faculty Publications and Presentations

Refactoring tools can improve the speed and accuracy with which we create and maintain software -- but only if they are used. In practice, tools are not used as much as they could be: this seems to be because sometimes they do not align with the refactoring tactic preferred by the majority of programmers, a tactic we call floss refactoring. We propose five principles that characterize successful floss refactoring tools -- principles that can help programmers to choose the most appropriate refactoring tools and also help toolsmiths to design tools that fit the programmer's purpose.

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The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein Jan 2008

The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Faculty Scholarship

No abstract provided.

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¡Oye!: Língua E Negócio Entre O Brasil E A Espanha, Laura Villa, José Del Valle Jan 2008

¡Oye!: Língua E Negócio Entre O Brasil E A Espanha, Laura Villa, José Del Valle

Publications and Research

Neste estudo sobre a promoção internacional do espanhol, centramos a análise no acordo ¡Oye! Espanhol para professores, assinado em setembro de 2006 entre o Banco Santander espanhol e a Secretaria de Educação do Estado de São Paulo, cuja finalidade era a formação de 45.000 professores de espanhol para atuarem no ensino médio brasileiro. O acordo, que envolveu também o Instituto Cervantes espanhol, recebeu uma forte oposição por parte da comunidade educacional, que se mobilizou para sustar sua implementação. Neste trabalho, apresentamos e analisamos diferentes ações e discursos face ao acordo por parte dos agentes envolvidos no debate, ao mesmo …

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A Transnational Conversation On French Colonialism, Immigration, Violence And Sovereignty, Miriam Ticktin, Ruth Marshall, Paolo Bacchetta Jan 2008

A Transnational Conversation On French Colonialism, Immigration, Violence And Sovereignty, Miriam Ticktin, Ruth Marshall, Paolo Bacchetta

Publications and Research

This conversation was transcribed from a panel discussion that took place at The Scholar & Feminist Conference XXXII, “Fashioning Citizenship: Gender and Immigration,” held on March 24, 2007 at Barnard College.

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Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett Jan 2008

Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett

Faculty Scholarship

No abstract provided.

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American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn Jan 2008

American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn

Faculty Scholarship

Opening remarks.

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Perception And Awareness Of Accents In Young Children, C Floccia, F Girard, J Goslin Jan 2008

Perception And Awareness Of Accents In Young Children, C Floccia, F Girard, J Goslin

School of Psychology

This study examines children's metaphonological awareness for accent-related information in connected speech. In the first experiment, 5- to 6-year-old French-speaking children were asked to discriminate between Southern and Northern accented French in a sentence categorization task. It was found that these children were not able to reliably distinguish between these native variations of their own language, but were able to distinguish between their own accent and a strong foreign accent in Experiment 2. These findings were also replicated using a speaker discrimination task in Experiment 3, where children were asked to detect pairs of speakers sharing the same accent amongst …

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Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya Jan 2008

Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya

Faculty Scholarship

Building community, that is, sustaining our connections to family and our ancestry is often hampered by going to law school. Law schools are highly adept at assimilating you into a profession and a worldview that can be at odds with who you were and how you saw the world before you began law school. Unfortunately, in order to fit in, it can seem advantageous to forget tus ralces, your roots. I began by talking about unigndo comunidades as a progressive objective and have been talking about the second part of your conference theme, learning lessons and mobilizing for change, as …

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Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz Jan 2008

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Faculty Scholarship

This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista's engagement of …

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Systems Biology Meets Stress Ecology:: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Th Hutchinson, Sj Maund, Cj Hill, A Bouetard, A Callaghan Jan 2008

Systems Biology Meets Stress Ecology:: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Th Hutchinson, Sj Maund, Cj Hill, A Bouetard, A Callaghan

School of Geography, Earth and Environmental Sciences

No abstract provided.

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Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson Jan 2008

Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson

Faculty Scholarship

Whether a conclusory allegation that a cabinet-level officer or other high-ranking official knew of, condoned, or agreed to subject a plaintiff to allegedly unconstitutional acts purportedly committed by subordinate officials is sufficient to state individual-capacity claims against those officials under Bivens.

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The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil Jan 2008

The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil

Faculty Scholarship

This essay examines how the turban has transformed from a sacred piece of attire for Sikhs to a target for discriminatory conduct and an object of marginalization after 9/11. Part I provides an introduction to Sikhism, which originated in 17th century South Asia, and discusses the religious significance of the Sikh turban. Part II examines incidents of discrimination in several contexts involving turbaned Sikhs in America. Part III analyzes the debate surrounding assimilation that has been taking place in the West, which implicates conspicuous articles of faith, including the Sikh turban. The essay also explores the legal remedies available to …

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The Role Of Pax7 In The Formation Of The Superior Colliculus And The Vertebrate Visual System, Jennifer A. Thompson Jan 2008

The Role Of Pax7 In The Formation Of The Superior Colliculus And The Vertebrate Visual System, Jennifer A. Thompson

Theses: Doctorates and Masters

This thesis has explored the role of Pax7 in formation and maturation of the mouse superior colliculus, an important brain region associated with topographic visual input and the capacity to evoke appropriate visuomotor responses to environmental stimuli. The research performed was explicitly targeted at understanding the relationship between Pax7 expression and the formation of the topography of the superior colliculus, including neuron specification and differentiation, boundary formation, polarisation and retinocollicular mapping. By employing histochemical, immunohistochemical and immunofluorescent techniques, together with quantification utilising Optimas Digital Image Analysis, this project assessed Pax7 expression in diverse mutant and wildtype mice …

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Adapting Information Operations To A Changing World: Future Options For The United States Government, Edwin L. Armistead Jan 2008

Adapting Information Operations To A Changing World: Future Options For The United States Government, Edwin L. Armistead

Theses: Doctorates and Masters

In 1998, the Department of Defense in the United States released the first of a series of seminal policies on Information Operations (IO). Entitled Joint Publication 3-13, this instruction laid out for the first time, in an unclassified format, how the American military forces could utilise this particular element of power. As a relative newly defined activity, this publication proposed to revolutionise the manner in which warfare, diplomacy, business and a number of other areas are conducted. However, this radical transformation in the United States government with regard to IQ has not occurred over the last decade and a significant …

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Western Images In African Media: A Semiotic Investigation Of Three Nigerian-Made Films, Terence Ebi Ekiseh Jan 2008

Western Images In African Media: A Semiotic Investigation Of Three Nigerian-Made Films, Terence Ebi Ekiseh

Dissertations and Theses @ UNI

This study makes a critical analysis of the portrayal of Western images in African-made films as represented in three selected Nigerian home-made movies. In other words, the study seeks to find out how images of Western European and North American cultures are portrayed in African films. The three films selected for the study are Spirit cf Love, Market Seller, and One Dollar. The films were selected on the basis of their popularity among Nigerian film audiences. They were also selected because they are recent, and are produced by renowned Nigerian filmmakers. The study utilized qualitative method to achieve its objective. …

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Review Of The Draughtsman's Contract, Michael Adams Jan 2008

Review Of The Draughtsman's Contract, Michael Adams

Publications and Research

Review of Peter Greenaway's The Draughtsman's Contract: http://www.media-party.com/discland/2008/07/the-draughtsmans-contract.html

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Review Of Pierrot Le Fou, Michael Adams Jan 2008

Review Of Pierrot Le Fou, Michael Adams

Publications and Research

Review of Jean-Luc Godard's Pierrot le fou: http://www.media-party.com/discland/2008/07/pierrot-le-fou.html

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Study Of Influence Of Process Parameters On The Deformation And Fracture Of 2024 Aluminum Alloy, Vijay B. Mandava Jan 2008

Study Of Influence Of Process Parameters On The Deformation And Fracture Of 2024 Aluminum Alloy, Vijay B. Mandava

Theses and Dissertations

No abstract provided.

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Captivity, Citizenship, And Empire : Explorations Of I Am A Soldier Too: The Jessica Lynch Story, Linda M. Baeza Jan 2008

Captivity, Citizenship, And Empire : Explorations Of I Am A Soldier Too: The Jessica Lynch Story, Linda M. Baeza

Theses and Dissertations

No abstract provided.

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Grapholects As A Justification For Grammar Instruction, Loren Nieuwsma Jan 2008

Grapholects As A Justification For Grammar Instruction, Loren Nieuwsma

Theses and Dissertations

No abstract provided.

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The Bin Laden Phenomenon, Robert J. Vandenberg Jan 2008

The Bin Laden Phenomenon, Robert J. Vandenberg

Theses and Dissertations

No abstract provided.

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Evaluations And Outcome Expectancies For Victims Of Child Sexual Abuse, Troy W. Ertelt Jan 2008

Evaluations And Outcome Expectancies For Victims Of Child Sexual Abuse, Troy W. Ertelt

Theses and Dissertations

No abstract provided.

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The Relationship Of Outer Ear Characteristics To The Sound Pressure Levels Of Personal Listening Devices, Lisa A. Chandy Jan 2008

The Relationship Of Outer Ear Characteristics To The Sound Pressure Levels Of Personal Listening Devices, Lisa A. Chandy

Theses and Dissertations

No abstract provided.

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