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2008

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Raman Spectroscopy For The Characterization Of The Polymerization Rate In An Acrylamide-Based Photopolymer, Raghavendra Jallapuram, Izabela Naydenova, Hugh Byrne, Suzanne Martin, Robert Howard, Vincent Toal Jan 2008

Raman Spectroscopy For The Characterization Of The Polymerization Rate In An Acrylamide-Based Photopolymer, Raghavendra Jallapuram, Izabela Naydenova, Hugh Byrne, Suzanne Martin, Robert Howard, Vincent Toal

Articles

Investigations of polymerization rates in an acrylamide-based photopolymer are presented. The polymerization rate for acrylamide and methylenebisacrylamide was determined by monitoring the changes in the characteristic vibrational peaks at 1284 cm-1 and 1607 cm-1 corresponding to the bending mode of CH bond and CC double bonds of acrylamide and in the characteristic peak at 1629 cm-1 corresponding to carbon-carbon double bond of methylenebisacrylamide using Raman spectroscopy. To study the dependence of the polymerization rate on intensity and to find the dependence parameter, the polymerization rate constant was measured at different intensities. A comparison with a commercially available photopolymer shows that …


The Effects Of Traditional Grazing Practices On Upland (Yayla) Rangeland Vegetation And Forage Quality, Bi̇nali̇ Çomakli, Mahmut Daşci, Ali̇ Koç Jan 2008

The Effects Of Traditional Grazing Practices On Upland (Yayla) Rangeland Vegetation And Forage Quality, Bi̇nali̇ Çomakli, Mahmut Daşci, Ali̇ Koç

Turkish Journal of Agriculture and Forestry

A seminomadic animal raising system, known as ''yaylacılık'' in Turkish, is one of the best ways of using upland rangelands, particularly in rough terrain regions. Three rangeland sites were selected to determine the spatial effect of summer grazing distribution on botanical composition, canopy coverage, soil aggregate stability, and forage nutrient content in these range sites. On average, grass covered 61.09% of the total land in site I, 67.04% and 57.40%, respectively, in sites II and III. Legume covered 11.61%, 13.67%, and 18.05%, respectively, of the total land in sites I, II, and III. Other families covered 27.30%, 19.29%, and 24.55% …


Estimating Fuel Biomass Of Some Shrub Species (Maquis) In Turkey, Bülent Sağlam, Ömer Küçük, Ertuğrul Bi̇lgi̇li̇, Bahar Di̇nç Durmaz, İsmai̇l Baysal Jan 2008

Estimating Fuel Biomass Of Some Shrub Species (Maquis) In Turkey, Bülent Sağlam, Ömer Küçük, Ertuğrul Bi̇lgi̇li̇, Bahar Di̇nç Durmaz, İsmai̇l Baysal

Turkish Journal of Agriculture and Forestry

Regression equations were developed to estimate shrub fuel biomass of a maquis formation in western Turkey. The relationships between some shrub characteristics and live, dead, available (for consumption), and total fuel biomass were determined by simple/multiple linear regression. Measured biomass values for live, available, and total fuels varied from 0.70 to 6.74 kg m^{-2}, from 0.78 to 3.03 kg m^{-2}, and from 1.06 to 7.72 kg m^{-2}, respectively. The results obtained indicated that shrub fuel biomass could be satisfactorily predicted using the regression equations generated. The resulting equations were able to account for 60% to 89% of the observed variation …


Revocable Trusts And The Law Of Wills: An Imperfect Fit, Alan Newman Jan 2008

Revocable Trusts And The Law Of Wills: An Imperfect Fit, Alan Newman

Akron Law Faculty Publications

Over the centuries that wills have been used to dispose of testators’ property at death, the law of wills has developed to address issues that arose. Similarly, over the centuries that trusts have been used for non-testamentary purposes, the law of trusts has developed to resolve resulting issues.

In recent decades revocable trusts have become the most commonly used trust in the United States. To avoid estate administration, particularly in states in which administration involves cumbersome, time-consuming, and expensive court supervision, settlors make inter vivos transfers of assets that otherwise would be subject to administration on their deaths in trust. …


Religious Pluralism: The Evangelical Christian Response, Matthew F. Rittgers Jan 2008

Religious Pluralism: The Evangelical Christian Response, Matthew F. Rittgers

Honors Program Theses

The dawn of the twenty-first century has ushered in a new age in humankind. Information travels around the world at the speed of light thanks to the Internet, cell phones and communications satellites; industry and science have created advanced technologies and medicines, and transportation has continued to grant more and more humans the ability to leave their ancestral homeland and travel across the globe in a matter of hours. Due to these things, the world seems to be a smaller place. No longer do enormous mountains or vast oceans isolate nations and cultures from each other. Perhaps one of the …


Résultats Des Analyses De Substances Chimiques Produites À L'Irsst En 2001, Claude Ostiguy, Mathieu Fournier, Thierry Petitjean-Roget, Jacques Lesage, Alain Lajoie Jan 2008

Résultats Des Analyses De Substances Chimiques Produites À L'Irsst En 2001, Claude Ostiguy, Mathieu Fournier, Thierry Petitjean-Roget, Jacques Lesage, Alain Lajoie

Rapports de recherche scientifique

Le présent rapport dresse un portrait global des résultats d’analyse émis par les laboratoires de l’IRSST à l’intention des intervenants en prévention pour l’année 2001. Les échantillons ont été prélevés par les membres du réseau québécois de prévention qui interviennent dans les entreprises : inspecteurs de la Commission de la Santé et de la Sécurité au Travail (CSST), hygiénistes et techniciens des Agences régionales de santé et de services sociaux et des Centres locaux de services communautaires (CLSC) et conseillers des associations sectorielles paritaires. Son but est de rendre accessibles aux chercheurs et aux intervenants des informations relatives aux principales …


La Maintenance : État De La Connaissance Et Étude Exploratoire, Laurent Giraud, Daoud Ait-Kadi, Élise Ledoux, Joseph-Jean Paques, Sébastien Tanchoux Jan 2008

La Maintenance : État De La Connaissance Et Étude Exploratoire, Laurent Giraud, Daoud Ait-Kadi, Élise Ledoux, Joseph-Jean Paques, Sébastien Tanchoux

Rapports de recherche scientifique

Cet état de connaissance et étude préliminaire porte sur les liens entre la maintenance et la santé-sécurité au travail. Elle vise à faire le point sur les liens entre la fonction maintenance dans les entreprises et la sécurité au travail. Une recension des écrits jusqu’en 2005, appuyée par une analyse des accidents graves et mortels survenus au Québec entre les années 1990 et 2001 et des visites en entreprises ont servis de base à l’étude.

L’analyse des résultats nous indique que les liens théoriques et analytiques entre maintenance et SST sont faibles. Les écrits de maintenance n’abordent que peu la …


Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington Jan 2008

Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington

Faculty Scholarship

Numerous Americans, perhaps especially American lawyers, have since the 1780s presumed to tell other peoples how to govern themselves. In 2006, that persistent impulse was once again echoed in an address to the American Bar Association by a Justice of the Supreme Court. The purpose of this essay is to question the wisdom of this evangelical ambition, especially when the form of instruction includes military force. It is draws on Spreading America's Word (2005) and directs attention to the hopes of American Protestant Zionists to make a democratic republic in Ottoman Palestine. It suggests that chances were better in 1919 …


Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz Jan 2008

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

Faculty Scholarship

There are two important questions in post-conflict constitution making, and at present neither of them has a definitive or uniformly accepted answer. The first relates to the best configuration of institutions to adopt in order to ameliorate the problem of the intergroup conflict. The second concerns the process most apt to produce the best configuration of institutions, whatever it might be. The first question is unanswered because there is a dispute among scholars and practitioners between two opposing views of appropriate institutions to mitigate conflict. Constitutional processes have not generally been geared to yield coherent exemplars of either configuration in …


Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley Jan 2008

Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley

Faculty Scholarship

Under contemporary treaty practice, a nation's signature of a treaty typically does not make the nation a party to the treaty. Rather, nations become parties to treaties through an act of ratification or accession, which sometimes occurs long after signature. Nevertheless, Article 18 of the Vienna Convention on the Law of Treaties, which many commentators regard as reflecting customary international law, provides that when a nation signs a treaty it is obligated to refrain from actions that would defeat the “object and purpose” of the treaty until such time as it makes clear its intent not to become a party …


Climate Change Policy, And Policy Change In China, Jonathan B. Wiener Jan 2008

Climate Change Policy, And Policy Change In China, Jonathan B. Wiener

Faculty Scholarship

Solving the climate change problem by limiting global greenhouse gas (GHG) emissions will necessitate action by the world’s two largest emitters, the United States and China. Neither has so far committed to quantitative emissions limits. Some argue that China cannot be engaged on the basis of its national interest in climate policy, on the ground that China’s national net benefits of limiting greenhouse gas emissions would be negative, as a result of significant GHG abatement costs and potential net gains to China from a warmer world. This premise has led some observers to advocate other approaches to engaging China, such …


A Convenient Untruth: Fact And Fantasy In The Doctrine Of Odious Debts, Sarah Ludington, Mitu Gulati Jan 2008

A Convenient Untruth: Fact And Fantasy In The Doctrine Of Odious Debts, Sarah Ludington, Mitu Gulati

Faculty Scholarship

The few years since the U.S. incursion into Iraq in 2003 have witnessed an explosion in the literature on odious debts - that is, debts incurred (a) without the consent of the people (e.g., by a despotic regime); (b) from which no benefits accrued to the people; and (c) when the creditors had knowledge of the foregoing. The key question in the literature is whether successors to the despotic regime are obligated to pay the debts of the despot. That is, whether the newly democratic nation of Iraq is obligated to pay the debts of Saddam Hussein. The starting point …


Three Liberal - But Mistaken - Arguments For Same-Sex Marriage, Gerard V. Bradley Jan 2008

Three Liberal - But Mistaken - Arguments For Same-Sex Marriage, Gerard V. Bradley

Journal Articles

From the Introduction

The constitutional argument for legally recognizing same-sex relationships as "marriages" is a straightforward non-discrimination claim: because there is no relevant difference between the capacity of same-sex couples and opposite-sex couples for marriage, restrictive laws arbitrarily withhold the recognition and benefits which legal marriage entails. If the statutory category - in this case, a couple's sex - does not contribute to the realization of any legitimate state goal, the law lacks a basis in reason. And, it is unconstitutional. As the Massachusetts Supreme Judicial Court concluded in Goodridge v. Department of Public Health, the state "failed to …


What's In A Name? A Philosophical Critique Of 'Civil Unions' Predicated Upon A Sexual Relationship, Gerard V. Bradley Jan 2008

What's In A Name? A Philosophical Critique Of 'Civil Unions' Predicated Upon A Sexual Relationship, Gerard V. Bradley

Journal Articles

'Civil unions' represent a fragile political armistice, not lasting peace. My interest in 'civil unions' is not, however, political. It is philosophical. I argue in this paper that 'civil unions' are wrong - and should be abandoned in law - because they are incoherent. This article is about what's in the name, marriage. My thesis is that the reason why same-sex couples may not marry defeats the case for 'civil unions' defined (even in part) as a sexual relationship. To reasonably deny these couples access to marriage is to deny them access to 'civil unions'. Conversely, to create 'civil …


"Excluding Religion": A Response, Richard W. Garnett Jan 2008

"Excluding Religion": A Response, Richard W. Garnett

Journal Articles

In a thorough and thoughtful article, Excluding Religion, Prof. Nelson Tebbe asks "whether the government may select religious entities for exclusion from its support programs?" and concludes that, sometimes, it may. "The government," he contends, "need not remain neutral toward religion in its support programs[.]"

In this short response to Tebbe's paper, I first suggest that the reasons Tebbe offers for such exclusion - including "promoting equal citizenship for members of minority faiths . . . , fostering community concord, [and] respecting taxpayers' freedom of conscience", are not particularly strong. Next, I turn to the various "limits" that Tebbe …


Sarbanes-Oxley, Kermit The Frog, And Competition Regarding Audit Quality, Matthew J. Barrett Jan 2008

Sarbanes-Oxley, Kermit The Frog, And Competition Regarding Audit Quality, Matthew J. Barrett

Journal Articles

The regulatory scheme after Sarbanes-Oxley has significantly improved public company audits in the United States, or at least has demonstrated the potential to do so, but the obligation to preserve client confidentially still prevents auditors from competing for new clients on the basis of audit quality. This paper suggests a simple way for the SEC to facilitate such competition within the existing regulatory framework. The SEC should require issuers and registrants to disclose whether their independent audits uncovered any financial fraud and, within specified ranges, the number and amount of all audit adjustments incorporated into the financial statements filed with …


Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell Jan 2008

Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell

Journal Articles

The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.

The article also tells how in each …


Judicial Enforcement Of The Establishment Clause, Richard W. Garnett Jan 2008

Judicial Enforcement Of The Establishment Clause, Richard W. Garnett

Journal Articles

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.


Children's Beliefs And Family Law, Margaret F. Brinig Jan 2008

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …


Symposium: Stare Decisis And Nonjudicial Actors: Introduction, Amy Coney Barrett Jan 2008

Symposium: Stare Decisis And Nonjudicial Actors: Introduction, Amy Coney Barrett

Journal Articles

This essay is as an introduction to a symposium on stare decisis and nonjudicial actors. It frames the questions explored in the symposium by pausing to reflect upon the variety of ways in which nonjudicial actors have, over time, registered their disagreement with decisions of the United States Supreme Court. Both public officials and private citizens have battled the Court on any number of occasions since its inception, and historically, they have employed a diverse range of tactics in doing so. They have resisted Supreme Court judgments. They have denied the binding effect of Supreme Court opinions. They have sought …


Arbitrating Human Rights, Roger P. Alford Jan 2008

Arbitrating Human Rights, Roger P. Alford

Journal Articles

Corporate liability for human rights abuses is one of the most important developments in current international law and practice. With the advent of human rights litigation against corporations, there is now the prospect of a deep-pocket defendant that is complicit in grave human rights abuses, subject to personal jurisdiction, and not immune from suit. Indeed, if a corporation is accused of "aiding and abetting" human rights abuses, this is all but a concession that the corporate actor is not the principal wrong-doer. It is of course possible that this controversial trend toward corporate responsibility may reflect a genuine concern about …


Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna Jan 2008

Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna

Journal Articles

This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.


The Structure Of Classical Public Law, Barry Cushman Jan 2008

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.


Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett Jan 2008

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Journal Articles

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …


Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith Jan 2008

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …


A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick Jan 2008

A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick

Journal Articles

This article discusses the case CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008). That case presented two questions: (1) Can an employee bring a claim under 42 U.8.C. § 1981 if he is terminated from employment because he has complained about racial discrimination at work?; and (2) Can the language of the statute be interpreted to include retaliation claims? Professor Fick argues that the this case is of great concern to employers whose liability for retaliation will be greatly expanded if the statute is interpreted to include retaliation claims and also that the case may be important from a …


Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel Jan 2008

Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …


The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford Jan 2008

The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford

Journal Articles

For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …


The Evangelical Debate Over Climate Change, John Copeland Nagle Jan 2008

The Evangelical Debate Over Climate Change, John Copeland Nagle

Journal Articles

In 2006, a group of prominent evangelicals issued a statement calling for a greater response to climate change. Soon thereafter, another group of prominent evangelicals responded with their own statement urging caution before taking any action against climate change. This division among evangelicals concerning climate change may be surprising for a community that is usually portrayed as homogenous and as indifferent or hostile toward environmental regulation. Yet there is an ongoing debate among evangelicals regarding the severity of climate change, its causes, and the appropriate response. Why? The answer to this question is important because of the increasing prominence of …


Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr. Jan 2008

Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr.

Journal Articles

The foreclosure of property tax liens performs an essential economic function by reconnecting underutilized properties to the real estate market. To clear title in an efficient and just manner, local jurisdictions foreclosing on tax liens require clear, balanced procedures for the provision of notice to affected parties. In its 2006 decision in Jones v. Flowers, the U.S. Supreme Court found that the foreclosing jurisdiction's lack of direct follow-up on returned notice mailings denied the addressee due process because the foreclosing party did not take steps that would be chosen by one desirous of actually informing the property owner. In subjecting …