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2008

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1 Jan 2008

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.


Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein Jan 2008

Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein

Cardozo Journal of Conflict Resolution

The publication of Professor Julie Macfarlane's solid and important book establishes a new, high water mark in the maturation of the alternative dispute resolution field. The author maintains, with strong support from research and interviews, that the legal profession is in a process of transformation, having taken on board many of the key principles and assumptions developed over the past three decades of ADR practice and scholarship. ADR has long since ceased to be "alternative" in the sense of novel or unorthodox, and Macfarlane argues that lawyers are increasingly being called upon to act, not as warriors in court battles, …


Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein Jan 2008

Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein

Cardozo Journal of Conflict Resolution

This paper explores the notion of collective trauma and discusses the implications of its theoretical underpinnings in two Alternative Dispute Resolution (ADR) practices. First, it offers the use of the Narrative Mediation model to construct a method to deal with collective trauma, as it affects individuals. Narrative Mediation is presented as the most comprehensive and transformative tool to address collective trauma. Second, an ADR approach to collective trauma is offered in cases where no mediation is possible. The concept of "fitting the forum to the fuss," which is a fundamental organizing mechanism in the ADR field, is applied in this …


What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai Jan 2008

What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai

Cardozo Journal of Conflict Resolution

This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.


A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo Jan 2008

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …


Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson Jan 2008

Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson

Cardozo Journal of Conflict Resolution

This article examines the mediation process within the Registry of Interpreters for the Deaf Ethical Practices System and suggests when and how technology may be utilized to enhance that process. Background information regarding the interpreting profession, the Deaf Community, and the process for filing and reviewing grievances will provide a context for this discussion. An overview of the technologies already being used within the Deaf Community and interpreting field will help to determine where new technologies can be introduced most effectively. Each of the three steps in the EPS will be analyzed to assess how additional technologies can be integrated …


Denial As A Security Concept, Taner Akcam Jan 2008

Denial As A Security Concept, Taner Akcam

Cardozo Journal of Conflict Resolution

If I were to explain the Turkish state's denial of the Armenian Genocide in one word, I would suggest the term continuity, both in the sense of lasting perceptions of the problem and in the persistent makeup of the Turkish ruling elite. On this occasion, I will discuss the continuity of Turkish state denial in the first sense of the word.


Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi Jan 2008

Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi

Cardozo Journal of Conflict Resolution

This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.


Adr In The Music Industry: Tailoring Dispute Resolution To The Different Stages Of The Artist-Label Relationship, Kaleena Scamman Jan 2008

Adr In The Music Industry: Tailoring Dispute Resolution To The Different Stages Of The Artist-Label Relationship, Kaleena Scamman

Cardozo Journal of Conflict Resolution

Part II will discuss the disputes that arise within the major record label and artist relationship in more detail, including a discussion of record deal basics, unfairness debates, infringement and ownership disputes, and litigation. These disputes are largely to blame for the public's growing negative perception of the music industry. Part III defines arbitration and mediation, and explains the benefits of and differences between the two types of ADR. Part III will also discuss the use of ADR in the artist-label relationship specifically, including a discussion of factors to consider in deciding whether to mediate or arbitrate based on the …


Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky Jan 2008

Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky

Cardozo Journal of Conflict Resolution

Part I of this Note describes the current state of divorce law in New York by examining the history of divorce culture in New York, the current state statutory scheme, the law's practical effect on New York residents, and the arguments in support of and against the adoption of no-fault provisions. Part II overviews the collaborative law method, illustrates how the method varies from other alternative dispute resolution methods, and discusses various ethical considerations relevant to the method. Part III argues that the introduction of collaborative law will have minimal practical effects unless combined with the adoption of a no-fault …


Use Of Palm Trees As A Sleeping Site By Hamadryas Baboons In Ethiopia, Amy Schreier, Larissa Swedell Jan 2008

Use Of Palm Trees As A Sleeping Site By Hamadryas Baboons In Ethiopia, Amy Schreier, Larissa Swedell

Publications and Research

Hamadryas baboons sleep on cliffs throughout their range, and this can be attributed to the safety cliffs provide against predators in the absence of tall trees. In this paper, we report the first documented occurrence of hamadryas baboons sleeping in doum palm trees rather than on cliffs. Data derive from a study of hamadryas baboons at the Filoha site in lowland Ethiopia. During all-day follows, data were collected on travel patterns, band activity, and location. Variation in the baboons’ home range was characterized using vegetation transects. We discovered that one band in this population, Band 3, occasionally slept in doum …


Composition And Seasonality Of Diet In Wild Hamadryas Baboons: Preliminary Findings From Filoha, Larissa Swedell, Getenet Hailemeskel, Amy Schreier Jan 2008

Composition And Seasonality Of Diet In Wild Hamadryas Baboons: Preliminary Findings From Filoha, Larissa Swedell, Getenet Hailemeskel, Amy Schreier

Publications and Research

Here we report the first year-round quantitative data on dietary composition and seasonality in wild hamadryas baboons. Study subjects were adult male members of Band 3 at the Filoha field site in central lowland Ethiopia. Data collection consisted of 10-minute focal samples during all-day follows 4-6 days per month over the course of one year. The two largest contributors to the diet were Hyphaene thebaica and Acacia senegal, and these were the only plant species found in the diet during every month of the year. Other relatively major contributors to the diet, such as Cyperus grandibulbosus, Seddera bagshawei, …


Girls On The Stand: How Courts Fail Pregnant Minors, O. Carter Snead Jan 2008

Girls On The Stand: How Courts Fail Pregnant Minors, O. Carter Snead

Journal Articles

Girls on the Stand: How Courts Fail Pregnant Minors by Helena Silverstein. New York, New York University Press, 2007. 256 pp. $32.00.

Abortion may be the most controversial issue in American politics. It is a domain in which disagreement is not merely overheated, but seemingly intractable. Girls on the Stand: How Courts Fail Pregnant Minors ambitiously takes aim at one of the few abortion policies about which there is widespread agreement: parental involvement laws. It appeals to social science evidence to argue that popular support for these laws is misguided because, in practice, they impose too high a burden on …


Deer Impact On Vegetation In Natural Areas In Southeastern Nebraska, Joseph Gubanyi, Julie A. Savidge, Scott E. Hygnstrom, Kurt C. Vercauteren, Gary W. Garabrandt, Seth Korte Jan 2008

Deer Impact On Vegetation In Natural Areas In Southeastern Nebraska, Joseph Gubanyi, Julie A. Savidge, Scott E. Hygnstrom, Kurt C. Vercauteren, Gary W. Garabrandt, Seth Korte

United States Department of Agriculture Wildlife Services: Staff Publications

We studied the effect of browsing by white-tailed deer (Odocoileus virginianus Zimmerman) on vegetation at three sites with high densities of deer and six sites with low densities of deer along the Missouri and Platte Rivers in southeastern Nebraska in 1995-1996. Vegetation volume from 0-1 m high was similar between sites with high and low deer densities (P > 0.05). From 1-2 m high, vegetation volume was less at sites with more deer in both years (P < 0.05). Densities for eight of 11 small woody plant categories (< 3 cm dbh) were less common at sites with high densities of deer (P < 0.05). Overall densities of small trees (3-15 cm dbh) were similar between sites with high and low densities of deer. However, small hackberry trees (Celtis occidentalis L.) were more common (P = 0.03), while all other small trees were less common (P = 0.038), at sites with …


Passive Immunity To West Nile Virus Provides Limited Protection In A Common Passerine Species, Nicole M. Nemeth, Paul T. Oesterle, Richard A. Bowen Jan 2008

Passive Immunity To West Nile Virus Provides Limited Protection In A Common Passerine Species, Nicole M. Nemeth, Paul T. Oesterle, Richard A. Bowen

United States Department of Agriculture Wildlife Services: Staff Publications

Passerine birds have played an important role in the establishment, maintenance, and spread of West Nile virus (WNV) in North America, and some are susceptible to WNV-associated mortality. Characterization of passive transfer of anti-WNV antibodies in passerines is important to understanding transmission and demographic effects of WNV on wild birds. We showed passively acquired maternal antibodies to WNV in the house sparrow (Passer domesticus). Although all seropositive females (N = 18) produced antibody-positive egg yolks, only 20% of seropositive mothers (3/15) produced seropositive chicks. The estimated average half-life of maternal antibodies in chick sera was 3 days, …


Skunk Rabies In California (1992–2003)—Implications For Oral Rabies Vaccination, Ray T. Sterner, Ben Sun, Jean B. Bourassa, Robert L. Hale, Stephanie A. Shwiff, Michele T. Jay, Dennis Slate Jan 2008

Skunk Rabies In California (1992–2003)—Implications For Oral Rabies Vaccination, Ray T. Sterner, Ben Sun, Jean B. Bourassa, Robert L. Hale, Stephanie A. Shwiff, Michele T. Jay, Dennis Slate

United States Department of Agriculture Wildlife Services: Staff Publications

Skunk-variant rabies is endemic in California (United States), and the development of oral vaccines and baits to vaccinate skunks is in progress. In 2003, the California Department of Public Health (CDPH) began to quantify the impacts of skunk-variant rabies and to assess the feasibility of using oral rabies vaccination (ORV) as a containment measure. The CDPH rabies case data for skunks were spatially depicted and analyzed using a geographic information system. Statewide, rabid skunks (1992–2003) primarily occurred in seven physiographic regions: Central Coast, North Coast, North Sierra, Sacramento Valley, San Francisco Bay and Delta, San Joaquin Valley, and South Sierra. …


Key West Elegies / By Danielle Sellers, Danielle Sellers Jan 2008

Key West Elegies / By Danielle Sellers, Danielle Sellers

Electronic Theses and Dissertations

No abstract provided.


Implementation Of Station Health Monitoring Procedures For Its Sensors, Volume 2: Implementation Report, Joseph M. Ernst, Darcy M. Bullock Jan 2008

Implementation Of Station Health Monitoring Procedures For Its Sensors, Volume 2: Implementation Report, Joseph M. Ernst, Darcy M. Bullock

JTRP Technical Reports

No abstract provided.


Imagining The Unimaginable : Witnessing Trauma In The Post-Segregation South / By Becca Walton, Becca Walton Jan 2008

Imagining The Unimaginable : Witnessing Trauma In The Post-Segregation South / By Becca Walton, Becca Walton

Electronic Theses and Dissertations

No abstract provided.


Nuclear Magnetic Resonance Investigation Of Loci Of Solubilization And The Effect Of Ionic Strength Changes, Olumuyiwa Olaotan Olaosun Jan 2008

Nuclear Magnetic Resonance Investigation Of Loci Of Solubilization And The Effect Of Ionic Strength Changes, Olumuyiwa Olaotan Olaosun

Electronic Theses and Dissertations

No abstract provided.


Staying Afloat In A Global World : Reflections On Life As A Mill Worker At Inman Mills, Inman, South Carolina, Jane Harrison Chapman Fisher Jan 2008

Staying Afloat In A Global World : Reflections On Life As A Mill Worker At Inman Mills, Inman, South Carolina, Jane Harrison Chapman Fisher

Electronic Theses and Dissertations

No abstract provided.


The Effect Of Sloped Surfaces On Postural Control And Gait Dynamics, Scott P. Breloff Jan 2008

The Effect Of Sloped Surfaces On Postural Control And Gait Dynamics, Scott P. Breloff

Electronic Theses and Dissertations

No abstract provided.


Agronomy Journal Turns One Hundred, Calvin H. Pearson, Susan M. Ernst, Ken A. Barbarick, Jerry L. Hatfield, Gary A. Peterson, Dwayne R. Buxton Jan 2008

Agronomy Journal Turns One Hundred, Calvin H. Pearson, Susan M. Ernst, Ken A. Barbarick, Jerry L. Hatfield, Gary A. Peterson, Dwayne R. Buxton

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

During 2008 we celebrate the centennial anniversary of Agronomy Journal. Many people have certainly been influenced in some way by the science published during the 100-yr existence of the journal. From Volume 1 up through Volume 98 (2006) there have been more than 30,290 authors who published 15,232 articles totaling 89,056 pages. More than 2545 editors were required to review and edit the papers published in Agronomy Journal, in addition to the manuscripts submitted but not published. As a current snapshot of Agronomy Journal, we published 60% of the manuscripts submitted in 2005. In both 2003 and …


Comparison Of Daycent-Simulated And Measured Nitrous Oxide Emissions From A Corn Field, Marek K. Jarecki, Timothy B. Parkin, Alvarus S. K. Chan, Jerry L. Hatfield, Raymond Jones Jan 2008

Comparison Of Daycent-Simulated And Measured Nitrous Oxide Emissions From A Corn Field, Marek K. Jarecki, Timothy B. Parkin, Alvarus S. K. Chan, Jerry L. Hatfield, Raymond Jones

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Accurate assessment of N2O emission from soil requires continuous year-round and spatially extensive monitoring or the use of simulation that accurately and precisely predict N2O fluxes based on climatic, soil, and agricultural system input data. DAYCENT is an ecosystem model that simulates, among other processes, N2O emissions from soils. The purpose of the study was to compare N2O fluxes predicted by the DAYCENT model to measured N2O fluxes from an experimental corn field in central Iowa. Soil water content temperature and inorganic N, simulated by DAYCENT were compared to measured …


Greenhouse Gas Emissions From Two Soils Receiving Nitrogen Fertilizer And Swine Manure Slurry, Marek K. Jarecki, Timothy B. Parkin, Alvarus S. K. Chan, Jerry L. Hatfield, Raymond Jones Jan 2008

Greenhouse Gas Emissions From Two Soils Receiving Nitrogen Fertilizer And Swine Manure Slurry, Marek K. Jarecki, Timothy B. Parkin, Alvarus S. K. Chan, Jerry L. Hatfield, Raymond Jones

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The interactive effects of soil texture and type of N fertility (i.e., manure vs. commercial N fertilizer) on N2O and CH4 emissions have not been well established. Th is study was conducted to assess the impact of soil type and N fertility on greenhouse gas fluxes (N2O, CH4, and CO2) from the soil surface. The soils used were a sandy loam (789 g kg−1 sand and 138 g kg−1 clay) and a clay soil (216 g kg−1 sand, and 415 g kg−1 clay). Chamber experiments were conducted …


Utility Of Thermal Image Sharpening For Monitoring Field-Scale Evapotranspiration Over Rainfed And Irrigated Agricultural Regions, Nurit Agam, William P. Kustas, Martha C. Anderson, Fuqin Li, Paul D. Colaizzi Jan 2008

Utility Of Thermal Image Sharpening For Monitoring Field-Scale Evapotranspiration Over Rainfed And Irrigated Agricultural Regions, Nurit Agam, William P. Kustas, Martha C. Anderson, Fuqin Li, Paul D. Colaizzi

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The utility of a thermal image sharpening algorithm (TsHARP) in providing fine resolution land surface temperature data to a Two-Source-Model for mapping evapotranspiration (ET) was examined over two agricultural regions in the U.S. One site is in a rainfed corn and soybean production region in central Iowa. The other lies within the Texas High Plains, an irrigated agricultural area. It is concluded that in the absence of fine (sub-field scale) resolution thermal data, TsHARP provides an important tool for monitoring ET over rainfed agricultural areas. In contrast, over irrigated regions, TsHARP applied to kilometer-resolution thermal imagery is unable to provide …


Identifying Winter Forage Triticale (×Triticosecale Wittmack) Strains For The Central Great Plains, Lekgari A. Lekgari, P. Stephen Baenziger, Kenneth P. Vogel, David D. Baltensperger Jan 2008

Identifying Winter Forage Triticale (×Triticosecale Wittmack) Strains For The Central Great Plains, Lekgari A. Lekgari, P. Stephen Baenziger, Kenneth P. Vogel, David D. Baltensperger

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Triticale (×Triticosecale Wittmack) is mainly used as a forage crop in the central Great Plains. A successful triticale cultivar should have high forage yield with good quality, and also high grain yield so the seed can be economically produced. The purpose of this study was to evaluate existing triticale cultivars and experimental strains for their relative value in the central Great Plains as an annual hay crop primarily for feeding to beef cattle. Two experiments (one for forage yield and one for grain yield) were planted at two locations (one representing the arid Great Plains and the second representing …


Insect-Attracting And Antimicrobial Properties Of Antifreeze For Monitoring Insect Pests And Natural Enemies In Stored Corn, Xinzhi Ni, Gunawati Gunawan, Steve L. Brown, Paul E. Sumner, John R. Ruberson, G. David Buntin, C. Corley Holbrook, R. Dewey Lee, Douglas A. Streett, James E. Throne, James F. Campbell Jan 2008

Insect-Attracting And Antimicrobial Properties Of Antifreeze For Monitoring Insect Pests And Natural Enemies In Stored Corn, Xinzhi Ni, Gunawati Gunawan, Steve L. Brown, Paul E. Sumner, John R. Ruberson, G. David Buntin, C. Corley Holbrook, R. Dewey Lee, Douglas A. Streett, James E. Throne, James F. Campbell

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Insect infestations in stored grain cause extensive damage worldwide. Storage insect pests, including the Indianmeal moth, Plodia interpunctella (Hubner) (Lepidoptera: Pyralidae); Sitophilus spp. (Coleoptera: Curculionidae); and their natural enemies [e.g., Cephalonomia tarsalis (Ashmead) (Hymenoptera: Bethylidae), and Anisopteromalus calandrae (Howard) (Hymenoptera: Pteromalidae)] inhabit a temporary, but stable ecosystem with constant environmental conditions. The objective of the present experiment was to assess the efficacy of using ethylene glycol antifreeze in combination with nutrient solutions to monitor storage insect pest and natural enemy populations in three bins of corn, Zea mays L. The treatments were deionized water, a diluted (1:5 antifreeze:water) antifreeze solution, …


Assimilating Remote Sensing-Based Et Into Swap Model For Improved Estimation Of Hydrological Predictions, Baburao Kamble, Ayse Kilic Jan 2008

Assimilating Remote Sensing-Based Et Into Swap Model For Improved Estimation Of Hydrological Predictions, Baburao Kamble, Ayse Kilic

Department of Civil and Environmental Engineering: Faculty Publications

An agro-hydrological simulation model is useful for agriculture monitoring and Remote Sensing provides useful information over large area. Combining both information by data assimilation is used in agro-hydrological modeling and predictions, where multiple remotely sensed data, ground measurement data and model forecast routinely combined in operational mapping procedures. Remote sensing cannot observe input parameters of agro-hydrological models directly. A method to estimate input parameters of such model from Remote Sensing using data assimilation has been proposed by Ines [2002] using the SWAP (Soil, Water, Atmosphere and Plant) model. A Genetic Algorithm (GA) loaded stochastic physically based soil-water-atmosphere-plant model (SWAP) was …


On Matched Pairs Sign Test Using Bivariate Ranked Set Sampling: An Application To Environmental Issues, Hani M. Samawi, Mohammad F. Al-Saleh, Obaid Al-Saidy Jan 2008

On Matched Pairs Sign Test Using Bivariate Ranked Set Sampling: An Application To Environmental Issues, Hani M. Samawi, Mohammad F. Al-Saleh, Obaid Al-Saidy

Biostatistics: Faculty Publications

The matched pairs sign test using bivariate ranked set sampling (BVRSS) is introduced and investigated. We show that this test is asymptotically more efficient than its counterpart sign test based on a bivariate simple random sample (BVSRS). The asymptotic null distribution and the efficiency of the test are derived. The Pitman asymptotic relative efficiency is used to compare the asymptotic performance of the matched pairs sign test using BVRSS versus using BVSRS. For small sample sizes, the bootstrap method is used to estimate P-values. Numerical comparisons are used to gain insight about the efficiency of the BVRSS sign test compared …