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2008

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Toska, Nation, And Religion In Russia: An Ethnography Of Three Informants Interested In Religion, Daniel Gavin Washburn Nov 2008

Toska, Nation, And Religion In Russia: An Ethnography Of Three Informants Interested In Religion, Daniel Gavin Washburn

Occasional Papers on Religion in Eastern Europe

No abstract provided.


Irrelevance, Polymorphism, And Erasure In Type Theory, Richard Nathan Mishra-Linger Nov 2008

Irrelevance, Polymorphism, And Erasure In Type Theory, Richard Nathan Mishra-Linger

Dissertations and Theses

Dependent type theory is a proven technology for verified functional programming in which programs and their correctness proofs may be developed using the same rules in a single formal system. In practice, large portions of programs developed in this way have no computational relevance to the ultimate result of the program and should therefore be removed prior to program execution. In previous work on identifying and removing irrelevant portions of programs, computational irrelevance is usually treated as an intrinsic property of program expressions. We find that such an approach forces programmers to maintain two copies of commonly used datatypes: a …


Table Of Contents - Issue 4 Nov 2008

Table Of Contents - Issue 4

Missouri Law Review

Table of Contents - Issue 4


Foreword, Margaret E. Mcguinness Nov 2008

Foreword, Margaret E. Mcguinness

Missouri Law Review

Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement of …


Missouri V. Holland's Second Holding, Carlos Manuel Vazquez Nov 2008

Missouri V. Holland's Second Holding, Carlos Manuel Vazquez

Missouri Law Review

This legitimate federalism problem, however, does not warrant a complete rethinking of Treaty Power doctrine. It just requires some tinkering around Missouri v. Holland's edges. The solution I propose is far narrower than those proposed by Bradley and Rosenkranz, and unlike their proposed solutions, it is consistent with the Founder's design. I argue that the power to implement treaties under the Necessary and Proper clause is the power to require compliance with treaty obligations. Because aspirational treaty provisions do not impose obligations in any meaningful sense of the term, the clause does not give Congress the power to implement such …


Resurrecting Missouri V. Holland, Peter J. Spiro Nov 2008

Resurrecting Missouri V. Holland, Peter J. Spiro

Missouri Law Review

This brief essay sketches the constitutional dormancy of Missouri v. Holland and the potential for its activation. The essay first describes how the treatymakers declined the Treaty Power offered them by the Court. In the near century since the ruling, no treaty appears to have depended on the decision for authority. The treatymakers have worked from contrary constitutional premises, establishing a sort of parallel constitutional universe in which the ruling was never handed down. Through these years, Missouri v. Holland has failed accurately to represent prevailing constitutional norms on the question. In other words, arguably, the decision is no longer …


Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku Nov 2008

Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku

Missouri Law Review

This brief essay highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional …


Elusive Foreign Compact, The, Duncan B. Hollis Nov 2008

Elusive Foreign Compact, The, Duncan B. Hollis

Missouri Law Review

Missouri v. Holland marks one of the great rivalries of foreign affairs law, with Missouri and the federal government squaring off over states' rights limitations on the federal government's treaty-making power.' But the rivalry did not end with that case. Recently, Missouri and the federal government opened a new chapter in their feud over state and federal powers in foreign affairs. This time, however, the constitutional challenge involved an international agreement made by Missouri, not the federal government


Internationalism Of American Federalism: Missouri And Holland, The, Judith Resnik Nov 2008

Internationalism Of American Federalism: Missouri And Holland, The, Judith Resnik

Missouri Law Review

This Earl F. Nelson Lecture, given at the University of Missouri School of Law's Symposium, Return to Missouri v. Holland: Federalism and International Law, developed from and overlaps with a series of articles including Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs), 50 ARIZ. L. REV. 709 (2008) (with Joshua Civin and Joseph Frueh); Lessons in Federalism from the 1960s Class Action Rule and the 2005 Class Action Fairness Act: "The Political Safeguards'" ofAggregate Translocal Actions, 156 U. PA. L. REv. 1929 (2008); Law as Affiliation: "Foreign " Law, Democratic Federalism, and the …


Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman Nov 2008

Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman

Missouri Law Review

In this brief Essay, then, I wish to engage in a thought experiment by looking at both federalism and international law through a pluralist rather than a sovereigntist lens. First, I summarize the pluralist literature and some of its core insights and suggest that scholars interested in international law (and its relationship with domestic law) would do well to consider this literature. Second, I provide a few examples of jurisdictional redundancy operating in the transnational, international, and federalist realm and show how the existence of multiple fora can both empower voices that might otherwise be silenced and effect changes of …


Tiebout Goes Global: International Migration As A Tool For Voting With Your Feet, Ilya Somin Nov 2008

Tiebout Goes Global: International Migration As A Tool For Voting With Your Feet, Ilya Somin

Missouri Law Review

In this article, I make a tentative effort to plug this hole in the literature. I suggest that the benefits of international foot voting may well be much larger than those of free movement within national borders. Part II briefly summarizes the theory of foot voting and its potential benefits. I focus particularly on the use of exit rights as a form of political participation by which migrants can more effectively choose the public policies under which they live. Crucial benefits of political participation through exit rights include the matching of public policy to diverse preferences, the creation of an …


Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh Nov 2008

Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh

Missouri Law Review

Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests. This article draws on the …


Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan Nov 2008

Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan

Missouri Law Review

The Americans with Disabilities Act was passed with intentions of eliminating stereotypes and fear towards disabled individuals and their ability to function and contribute to society. In the employment context, the Act will not permit an employer to refuse to hire an individual solely because of that person's disability. However, it will permit the employer to defend such action when limitations caused by an individual's disability rise to the level of a direct threat to the safety of others. When an employer raises such a defense, circuit courts are split as to whether the burden of proving the existence or …


Cotenants Trumping Cotenants: The Eighth Circuit Takes A Diverse Stance On Cotenants' Authority Under The Fourth Amendment, Benjamin M. Johnston Nov 2008

Cotenants Trumping Cotenants: The Eighth Circuit Takes A Diverse Stance On Cotenants' Authority Under The Fourth Amendment, Benjamin M. Johnston

Missouri Law Review

Reluctantly, John Adams mailed the envelope addressed to his wife, Abigail, knowing the contents could bring about his death. This letter, mailed to his "dear friend," contained a description of his pleas for independence to the Continental Congress, a description that if located by the British, would most certainly subject him to charges of treason. Immediately after Mr. Adams dispatched his letter, he was approached by a British intelligence officer requesting to review the letter. Mr. Adams denied the officer's request and sent him on his way. Later, when the letter arrived to the unsuspecting Abigail, it was accompanied by …


Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill Nov 2008

Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill

Missouri Law Review

In Independence-National Education Ass'n v. Independence School District, the Missouri Supreme Court granted public employees the right to collectively bargain. This holding breathed new life into an argument more than sixty years old: that the Missouri Constitution grants both public and private sector employees the right to collectively bargain. However, a close reading of this seemingly landmark case shows that Missouri's highest court smothered the numerous possibilities afforded by this holding before they could be tested by both public employers and public employees. This Note will argue that the Missouri Supreme Court's holding was unnecessary and affords no new rights …


Split On Sanctioning Pro Se Litigants Under 28 U.S.C. 1927: Choose Wisely When Picking A Side, Eighth Circuit, The, Kelsey Whitt Nov 2008

Split On Sanctioning Pro Se Litigants Under 28 U.S.C. 1927: Choose Wisely When Picking A Side, Eighth Circuit, The, Kelsey Whitt

Missouri Law Review

In recent years, an increasing number of pro sel litigants have appeared in federal courts. Between October 2003 and September 2004, federal district courts had over 20,000 cases filed by pro se litigants. In fact, "pro se litigants appeared in thirty-seven percent of all cases.' The increase of pro se litigation is attributed to several factors, including the rising cost of litigation combined with the decrease of funding for legal services, the negative public perception of lawyers, and the rise of do-it-yourself legal resources. Once pro se litigants enter the federal court system, their presence multiplies the resources spent by …


Coalition For Prisoners' Rights Newsletter, Vol 33, No. 11, Coalition For Prisoners' Rights Nov 2008

Coalition For Prisoners' Rights Newsletter, Vol 33, No. 11, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

Some Letters Come by Email

Report: "Sentencing Our Children to Die in Prison"

El Disminuye de la Pobleción Inmigrante Indocumentada

Death in Prison

Voices From Inside

Crime of the Month


The Value Of Intraoperative Examination Of Axillary Sentinel Nodes In Carcinoma Of The Breast., Gordon F. Schwartz, Lauren S. Krill, Juan P. Palazzo, Abhijit Dasgupta Nov 2008

The Value Of Intraoperative Examination Of Axillary Sentinel Nodes In Carcinoma Of The Breast., Gordon F. Schwartz, Lauren S. Krill, Juan P. Palazzo, Abhijit Dasgupta

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

Abstract Axillary sentinel lymph node biopsy (SLNB) has become the standard of care for T1-2, N-0, M-0 carcinoma of the breast. However, the accuracy of frozen section in the intra-operative examination of sentinel nodes (SN) remains controversial. The senior author has championed the use of the intraoperative examination of SN by frozen section ex-amination from the inception of its use, and we present our experience with frozen section examination of SN, confirming that this technique is both practical and highly accurate. Materials & Methods: Between 2000 and 2007, 236 SLNB procedures were performed that were read as “fro-zen section negative.” …


Team Teaching High School Science: Game Plan For Success, Ed Linz, Mary Jane Heater, Lori A. Howard Nov 2008

Team Teaching High School Science: Game Plan For Success, Ed Linz, Mary Jane Heater, Lori A. Howard

Special Education Faculty Research

Recently team teaching has become more prevalent in high school classes. These teams often pair a general education teacher with content knowledge with a special education teacher. Due to a lack of detailed knowledge/experience in the other’s area of expertise, many team teachers in science courses are confronted with unique challenges. In this article, a general education science teacher and a special education teacher share how they successfully developed their “team.” Through the use of a sports related metaphor, “the game plan,” these teachers provide insight into how successful co-teaching relationships can be fostered. Both teachers describe the importance of …


Efficacy Of The Marquette Method Of Natural Family Planning, Richard J. Fehring, Mary Schneider, Mary Lee Barron Nov 2008

Efficacy Of The Marquette Method Of Natural Family Planning, Richard J. Fehring, Mary Schneider, Mary Lee Barron

College of Nursing Faculty Research and Publications

Purpose: To determine the effectiveness of the Marquette Method (MM) of natural family planning (NFP) as a method of avoiding pregnancy.

Study Design and Methods: This was a 12-month retrospective evaluation of the MM system of NFP. Two hundred and four women (mean age, 28.6 years) and their male partners (mean age, 30.3 years) who sought to learn a method for avoiding pregnancy with the MM from four clinical sites were taught to track their fertility by self-observation of cervical mucus, by use of an electronic monitor that measures urinary levels of estrone-3-glucuronide and luteinizing hormone, and by use of …


What Is The Erie Doctrine? (And What Does It Mean For The Contemporary Politics Of Judicial Federalism?), Adam N. Steinman Nov 2008

What Is The Erie Doctrine? (And What Does It Mean For The Contemporary Politics Of Judicial Federalism?), Adam N. Steinman

Faculty Scholarship

As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen as more favorable to corporate and business interests than many of their state-court brethren. The current situation is due in no small part to federal courts' comparatively pro-defendant approaches to summary judgment, class certification, and other procedural issues. The Court's decision in Bell Atlantic Corp. v. Twombly, which tilts federal pleading standards in favor of defendants, will likely have similar federalism implications. This Article presents a straightforward argument that the Erie doctrine may require federal courts to follow state-law standards on summary judgment, …


As I Recall…November 2008, Lee County Medical Society Nov 2008

As I Recall…November 2008, Lee County Medical Society

As I Recall Column

"As I Recall…" Column written by Dr. Roger D. Scott for the November 2008 Lee County Medical Society Bulletin newsletter. The entire Bulletin is included, but "As I Recall…" is on page 3.


Mr. Albert Lanier Jr. Nov 2008

Mr. Albert Lanier Jr.

African American Funeral Programs

Mr_Albert_Lanier_Jr.pdf - Funeral program for Mr. Albert Lanier, Jr.


Vegetable Exhibits At Fairs And Shows, John Wesley, Maggie Wolf Nov 2008

Vegetable Exhibits At Fairs And Shows, John Wesley, Maggie Wolf

All Current Publications

This publication gives tips on how to choose the best produce for vegetable exhibits and what the judges are looking for in the displays.


Tooele County 4-H Leader's Guide, Stephen Sagers Nov 2008

Tooele County 4-H Leader's Guide, Stephen Sagers

All Current Publications

This manual that helps new leaders better understand the 4-H program in Tooele County.


Level 1a - Basic Sewing Supplies - 101, Debra Proctor, Ronda Olsen, Karen Biers Nov 2008

Level 1a - Basic Sewing Supplies - 101, Debra Proctor, Ronda Olsen, Karen Biers

All Current Publications

This publication provides and describes list of supplies needed for basic sewing.


The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl Nov 2008

The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl

Faculty Publications

This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …


Introduction: A Decade Of The Journal Of International Women’S Studies, Diana Fox, Katherine Side Nov 2008

Introduction: A Decade Of The Journal Of International Women’S Studies, Diana Fox, Katherine Side

Journal of International Women's Studies

No abstract provided.


Implications For Health Care Practice And Improved Policies For Victims Of Sexual Violence In The Democratic Republic Of Congo, Haleigh Hanlon Nov 2008

Implications For Health Care Practice And Improved Policies For Victims Of Sexual Violence In The Democratic Republic Of Congo, Haleigh Hanlon

Journal of International Women's Studies

As violent conflict ravages the Democratic Republic of Congo, thousands of women and girls are victims of sexual violence. Unfortunately, there are few services available to this population. While the exact number of victims is uncertain, the available data indicate the large scale of women and girls affected by sexual violence, and the urgent need for aid, services, and better policies to improve care. This humanitarian crisis is slowly gaining Western attention, but the current demand for humanitarian action and improved policies is greatest in the following three categories which will be addressed in the body of the work below: …


The Impact Of Sexual Harassment On Turnover Intentions, Absenteeism, And Job Satisfaction: Findings From Argentina, Brazil And Chile, Rebecca S. Merkin Nov 2008

The Impact Of Sexual Harassment On Turnover Intentions, Absenteeism, And Job Satisfaction: Findings From Argentina, Brazil And Chile, Rebecca S. Merkin

Journal of International Women's Studies

This study, which tested the effects of sexual harassment on consequences previously indicated in US studies, (i.e., overall turnover intentions, overall absenteeism and job dissatisfaction), was conducted with 8108 employees chosen by the International Labour Organization (ILO) in three Latin American countries – Argentina, Brazil, and Chile. Multivariate and logistic regression were employed while controlling for age, education, gender, marital status, and race to analyze ILO’s database. Significant results revealed that Latin American employees who were sexually harassed were likely to have more turnover intentions and to engage in more absenteeism; yet they did not experience a significant decrease in …