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2008

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Articles 991 - 1020 of 22487

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The Sec's Global Accounting Vision: A Realistic Appraisal Of A Quixotic Quest, Lawrence A. Cunningham Dec 2008

The Sec's Global Accounting Vision: A Realistic Appraisal Of A Quixotic Quest, Lawrence A. Cunningham

North Carolina Law Review

No abstract provided.


Sovereigns As Shareholders, Paul Rose Dec 2008

Sovereigns As Shareholders, Paul Rose

North Carolina Law Review

No abstract provided.


Disputed Deductions: Delfino And The Fourth Circuit's Prudent Adoption Of The Restrictive Approach To Tax Evasion Sentencing, Timothy J. Coley Dec 2008

Disputed Deductions: Delfino And The Fourth Circuit's Prudent Adoption Of The Restrictive Approach To Tax Evasion Sentencing, Timothy J. Coley

North Carolina Law Review

No abstract provided.


Privacy And Funeral Protests, Christina E. Wells Dec 2008

Privacy And Funeral Protests, Christina E. Wells

North Carolina Law Review

No abstract provided.


Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman Dec 2008

Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman

North Carolina Law Review

No abstract provided.


Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena Dec 2008

Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena

North Carolina Law Review

No abstract provided.


United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres Dec 2008

United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres

Journal of Food Law & Policy

Five significant legal developments in the first half of 2008 warrant examination in this version of the Food Law Update. Comprehensive discussions of recombinant bovine somatotropin (rBST)- related dairy product labeling and regulatory actions regarding Bisphenol A (BPA) use in food and food contact materials comprise the bulk of this article's analysis. Briefer discussions concerning consumer class action litigation for false advertising claims, an Americans with Disabilities Act case from the Second Circuit Court of Appeals and New York City Board of Health regulations requiring certain chain restaurants to post caloric content information on menus comprise the balance of this …


From Suffragettes To Grandmothers: A Qualitative Textual Analysis Of Newspaper Coverage Of Five Female Politicians In Utah's Deseret News And Salt Lake Tribune, Holly M. Cox Dec 2008

From Suffragettes To Grandmothers: A Qualitative Textual Analysis Of Newspaper Coverage Of Five Female Politicians In Utah's Deseret News And Salt Lake Tribune, Holly M. Cox

Theses and Dissertations

This thesis examines press coverage in the Deseret News and Salt Lake Tribune of five female politicians in Utah history: Martha Hughes Cannon (1896), Reva Beck Bosone (1948), Karen Shepherd (1992), Enid Greene Waldholtz (1994), and Olene S. Walker (2003). A total of 438 articles were reviewed using qualitative textual analysis. Coverage by candidate varied, though it was not in general overtly biased concerning candidate gender. However, the press did call attention to the gender of candidate and gendered commentary was present. The press also called attention to the rarity of women running for high political office and addressed the …


Consumption, Happiness, And Climate Change, Michael P. Vandenbergh, Mark A. Cohen Dec 2008

Consumption, Happiness, And Climate Change, Michael P. Vandenbergh, Mark A. Cohen

Vanderbilt Law School Faculty Publications

A large body of literature has developed over the past Jeveral years on the economics of happiness. One of the key insights of this literature is that beyond a subsistence level of income, relative income is often more important than absolute income to individual well-being. This is true for both comparisons against a reference group, e.g., across a community or country, as well as comparisons for the same individual over time. Another key insight is that changes in income have only transitory effects on well-being.

In this Article, we explore the implications of this literature for understanding the relationship between …


How The Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin Dec 2008

How The Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

This Article spotlights the flawed analytical framework at the heart of the federal courts' approach to one of the most controversial trial practices in American criminal jurisprudence - the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts' reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the five-factor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts' reinterpretation of the framework …


The Myth Of The Generalist Judge, Edward K. Cheng Dec 2008

The Myth Of The Generalist Judge, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal courts of appeals from 1995-2005. It reveals that opinion specialization is a regular part of circuit court practice, and that a significant number of judges specialize in specific subject areas. The Article then assesses the desirability of opinion specialization. Far from being a mere loophole, opinion specialization turns out to be an important development in judicial practice that promises to increase judicial expertise without incurring many of …


Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf Dec 2008

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Retinoid X Receptor And Peroxisome Proliferator-Activated Receptor-Gamma Agonists Cooperate To Inhibit Matrix Metalloproteinase Gene Expression, Peter S. Burrage, Adam C. Schmucker, Yanqing Ren, Michael B. Sporn, Constance E. Brinckerhoff Dec 2008

Retinoid X Receptor And Peroxisome Proliferator-Activated Receptor-Gamma Agonists Cooperate To Inhibit Matrix Metalloproteinase Gene Expression, Peter S. Burrage, Adam C. Schmucker, Yanqing Ren, Michael B. Sporn, Constance E. Brinckerhoff

Dartmouth Scholarship

We recently described the ability of retinoid X receptor (RXR) ligand LG100268 (LG268) to inhibit interleukin-1-beta (IL-1-β)-driven matrix metalloproteinase-1 (MMP-1) and MMP-13 gene expression in SW-1353 chondrosarcoma cells. Other investigators have demonstrated similar effects in chondrocytes treated with rosiglitazone, a ligand for peroxisome proliferator-activated receptor-gamma (PPARγ), for which RXR is an obligate dimerization partner. The goals of this study were to evaluate the inhibition of IL-1--induced expression of MMP-1andMMP-13 by combinatorial treatment with RXR and PPAR  ligands and to investigate the molecular mechanisms of this inhibition.


First-Generation, Income-Eligible Peer Mentor Study, Charlotte L. Giscombe Dec 2008

First-Generation, Income-Eligible Peer Mentor Study, Charlotte L. Giscombe

Dissertations

This study was designed to determine how mentoring affects the peer mentor. Despite the proliferation of peer mentoring programs, little research has been conducted to consider how mentoring affects the peer mentor's attitudes, leadership ability, and academic accomplishments when engaging in a mentoring relationship.

The focus of this study is on the at-risk peer mentors who are part of the federally funded Student Support Services (SSS) located on a midwestern university campus, and seeks to ascertain whether their grade point average, retention, graduation rates, self-confidence, self-esteem, self-worth, and leadership abilities are changed by serving in a mentoring relationship. Since these …


Biology And Ecology Of Palmer Amaranth (Amaranthus Palmeri), Prashant Jha Dec 2008

Biology And Ecology Of Palmer Amaranth (Amaranthus Palmeri), Prashant Jha

All Dissertations

Palmer amaranth (Amaranthus palmeri S. Wats.) is a troublesome weed of crops in southeastern United States. This research highlights studies on the biology and ecology of Palmer amaranth. Following dispersal in fall, Palmer amaranth seeds require high mean temperatures of 25 to 40 C for germination, which is not likely to occur in South Carolina until the following spring. With dormancy reduction over winter, seeds can germinate at high temperatures (≥25 C) and thermal amplitudes of 15 C during late spring (May) in the presence of light. A majority (>90%) of the non-dormant population in the soil seedbank emerge …


Development And Characterization Of Moisture- And Heat- Activated Oxygen Scavenging Nanoparticle, Youngjae Byun Dec 2008

Development And Characterization Of Moisture- And Heat- Activated Oxygen Scavenging Nanoparticle, Youngjae Byun

All Dissertations

Alpha-tocopherol and a transition metal, iron, mixture was evaluated as a possible oxygen scavenger. The effects of moisture, amount of transition metal, and thermal processing on oxygen scavenging capability were also investigated. Results showed that alpha-tocopherol and transition metal had 6.72 cc oxygen per gram of oxygen scavenging capacity and 0.11 cc oxygen per gram per day of oxygen scavenging rate.
Nanoencapsulation technology was adopted for the possible oxygen scavenging activation system. Alpha-tocopherol-loaded poly caprolactone (PCL) nanoparticles were prepared by oil in water (O/W) emulsion solvent evaporation with ultrasonification. The effects of PCL concentration, solvent in oil phase, and ultrasonification …


Enforceability Of Regulatory Decisions And Protection Of Rights Of Telecommunications Undertakings, Sławomir Dudzik Dec 2008

Enforceability Of Regulatory Decisions And Protection Of Rights Of Telecommunications Undertakings, Sławomir Dudzik

Yearbook of Antitrust and Regulatory Studies

The article discusses problems of enforceability of regulatory decisions issued by the Polish regulatory authority – the President of the Office of Electronic Communications (UKE) in the context of the protection of the rights of electronic undertakings. The author refers to the standards for implementing decisions and provisional protection developed in the law of the Council of Europe and Community legislation, including Framework Directive 2002/21/EC. He also analyses Polish legal regulations which introduce European solutions, including regulations implementing Community framework for electronic communications, into the national legal order. Special attention is devoted to the competence of Polish administrative courts and …


State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth Dec 2008

State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth

William & Mary Law Review

In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …


Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush Dec 2008

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.


Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh Dec 2008

Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh

BYU Law Review

No abstract provided.


How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller Dec 2008

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

BYU Law Review

No abstract provided.


Local Knowledge & Art Historical Methodology: A New Perspective On Awa Tsireh & The San Ildefonso Easel Painting Movement, Aaron Fry Dec 2008

Local Knowledge & Art Historical Methodology: A New Perspective On Awa Tsireh & The San Ildefonso Easel Painting Movement, Aaron Fry

Hemisphere: Visual Cultures of the Americas

No abstract provided.


Regulation Of The Human Parainfluenza Virus (Hpiv3) Fusion Protein, Amanda Ruth Chapman Dec 2008

Regulation Of The Human Parainfluenza Virus (Hpiv3) Fusion Protein, Amanda Ruth Chapman

Theses and Dissertations (ETD)

Paramyxoviruses include a number of important human pathogens, including measles virus, mumps virus, and the human parainfluenza viruses (hPIV) 1-4, as well as several animal pathogens, such as Sendai virus, Nipah virus and Hendra virus. The creation of effective drugs and vaccines against this family of viruses would play an important role in decreasing the prevalence of these viruses and contributing to the health of both humans and animals worldwide. The purpose of this work was to determine how the fusion (F) protein is regulated with a focus on the heptad repeat B (HRB) region of the F protein located …


The Tetraspanin Cd9 Localizes To Platelet-Platelet Contacts And Regulates Thrombus Stability, Sarah Kathleen Hill Dec 2008

The Tetraspanin Cd9 Localizes To Platelet-Platelet Contacts And Regulates Thrombus Stability, Sarah Kathleen Hill

Theses and Dissertations (ETD)

CD9, a member of the tetraspanin family, is highly expressed on platelets (50,000-80,000 copies per platelet). Tetraspanins have been implicated in modulation of integrin function, and it is hypothesized that CD9 will modulate GPIIb-IIIa, the major platelet integrin.

The association between CD9 and GPIIb-IIIa was analyzed using immunoprecipitations and confocal microscopy. These two proteins were found to associate with each other, particularly at areas of platelet-platelet contact and at the periphery. Confocal analysis revealed CD9 localization was most intense at platelet-platelet contact, as well as in platelet filopodia and lamellipodia, but there is a lack of CD9 at areas of …


Interaction Of Bacteriophage Mu Middle Transcription Activator Protein Mor With Promoter Dna, Kartik Iyer Dec 2008

Interaction Of Bacteriophage Mu Middle Transcription Activator Protein Mor With Promoter Dna, Kartik Iyer

Theses and Dissertations (ETD)

Gene expression during lytic development of bacteriophage Mu is regulated by a

transcriptional cascade in three phases: early, middle and late. Transcription from the middle promoter Pm requires the 129-amino acid transcriptional activator Mor, a product of early transcription, and the Escherichia coli RNA polymerase. The Pm promoter has a recognizable -10 hexamer but lacks a -35 hexamer. Mor binds as a dimer to an imperfect dyad-symmetrical element containing two 6-bp inverted repeats and centered at -43.5 in Pm. The goals of this study were:

1. To test the prediction from the crystal structure of Mor that residues Y70 and …


Is Christian Schooling Really At Loggerheads With The Ideas Of Diversity And Tolerance? A Rejoinder, Matthew Etherington Dec 2008

Is Christian Schooling Really At Loggerheads With The Ideas Of Diversity And Tolerance? A Rejoinder, Matthew Etherington

Education Papers and Journal Articles

This article builds on the foundations and evaluations laid recently by Symes and Gulson in their 2005 article, Crucifying Education: The rise and rise of new Christian schooling in Australia. It evaluates the warrant of Christian schooling within a liberal democracy and offers a rejoinder for defending the rights of Christian particularism within a secular educational system such as operates in Australia. In similar vein to Pike’s (2004) challenge against the discrediting of Christian schooling in England, this article also questions the fundamental liberal tenet of individual autonomy as the supreme goal of education.

The main thesis of this paper …


The Free Press Vol. 40, Issue No. 10, 12-01-2008, Matt Dodge Dec 2008

The Free Press Vol. 40, Issue No. 10, 12-01-2008, Matt Dodge

Free Press, The

Free Press exclusive: Our interview with President Botman--“Storm of epic proportions” Botman paints bleak picture while rolling out budget cuts--USM hosts anti-hate rally--Breaking with tradition


Use Of Stimulus Management Techniques To Reduce Sedentary Behaviors Of Overweight Children, Julie A. Pelletier Dec 2008

Use Of Stimulus Management Techniques To Reduce Sedentary Behaviors Of Overweight Children, Julie A. Pelletier

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

An epidemic proportion of children and adolescents is currently overweight or at-risk of being overweight. This is associated with many negative outcomes, including short-term and long-term health risks, as well as increased psychosocial problems. The etiology of this problem is likely complex, though environmental factors (i.e., factors related to decreased physical activity and increased consumption of calories) have been implicated in previous research. Providing effective, easy-to-implement treatment strategies for children who are overweight or at-risk of being overweight could be helpful to reverse the current epidemic and to decrease current health care costs associated with pediatric obesity. The overall purpose …


Environmental Law, Eleventh Circuit Survey, Travis M. Trimble Dec 2008

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA),the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act and …


Toward Ethical Plea Bargaining, Erica J. Hashimoto Dec 2008

Toward Ethical Plea Bargaining, Erica J. Hashimoto

Scholarly Works

Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …