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2009

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The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane Jan 2009

The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane

Faculty Scholarship

Much post-9/11 scholarship asks whether modern transnational terrorist networks, the increasing availability of catastrophic weapons to nonstate actors, and other novel threats require changes to either or both of the two traditional branches of the law of war: (i) the jus ad bellum, which governs resort to war, and (ii) the jus in bello, which governs the conduct of hostilities. Scant recent work focuses on the equally vital question whether the relationship between those branches-and, in particular, the traditional axiom that insists on their analytic independence-can and should be preserved in contemporary international law. The issue has been largely neglected …

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More Than What Courts Do: Jurisprudence, Decision, And Dignity — In Brief Encounters And Global Affairs, Robert D. Sloane Jan 2009

More Than What Courts Do: Jurisprudence, Decision, And Dignity — In Brief Encounters And Global Affairs, Robert D. Sloane

Faculty Scholarship

This brief essay is the edited transcript of the author’s opening remarks for a panel on jurisprudence in international law at the conference entitled Realistic Idealism in International Law, held at Yale Law School on April 24, 2009, in honor of W. Michael Reisman. It canvasses some of the animating factors and features of the New Haven School of jurisprudence with which Reisman is identified, and it seeks to explain and clarify some of his signature contributions to the School’s methodology.

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Civil Liability And Mandatory Disclosure, Merritt B. Fox Jan 2009

Civil Liability And Mandatory Disclosure, Merritt B. Fox

Faculty Scholarship

This Article explores the efficient design of civil liability for mandatory securities disclosure violations by established issuers. An issuer not publicly offering securities at the time of a violation should have no liability. Its annual filings should be signed by an external certifier – an investment bank or other well-capitalized entity with financial expertise. If the filing contains a material misstatement and the certifier fails to do due diligence, the certifier should face measured liability. Officers and directors should face similar liability, capped relative to their compensation but with no indemnification or insurance allowed. Damages should be payable to the …

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Rictor/Torc2 Regulates Fat Metabolism, Feeding, Growth And Life Span In C. Elegans, Alexander A. Soukas, Elizabeth A. Kane, Christopher E. Carr, Justine Melo, Gary Ruvkun Jan 2009

Rictor/Torc2 Regulates Fat Metabolism, Feeding, Growth And Life Span In C. Elegans, Alexander A. Soukas, Elizabeth A. Kane, Christopher E. Carr, Justine Melo, Gary Ruvkun

Biology Faculty Scholarship

Rictor is a component of the target of rapamycin complex 2 (TORC2). While TORC2 has been implicated in insulin and other growth factor signaling pathways, the key inputs and outputs of this kinase complex remain unknown. We identified mutations in the Caenorhabditis elegans homolog of rictor in a forward genetic screen for increased body fat. Despite high body fat, rictor mutants are developmentally delayed, small in body size, lay an attenuated brood, and are short-lived, indicating that Rictor plays a critical role in appropriately partitioning calories between long-term energy stores and vital organismal processes. Rictor is also necessary to maintain …

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On The Origins Of Originalism, Jamal Greene Jan 2009

On The Origins Of Originalism, Jamal Greene

Faculty Scholarship

For all its proponents' claims of its necessity as a means of constraining judges, originalism is remarkably unpopular outside the United States. Recommended responses to judicial activism in other countries more typically take the form of minimalism or textualism. This Article considers why. Ifocus particular attention on the political and constitutional histories of Canada and Australia, nations that, like the United States, have well-established traditions of judicial enforcement of a written constitution, and that share with the United States a common law adjudicative norm, but whose political and legal cultures less readily assimilate judicial restraint to constitutional historicism. I offer …

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Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard Jan 2009

Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard

Faculty Scholarship

The most controversial decision in New York environmental jurisprudence is almost certainly Society of the Plastics Industry v. County of Suffolk (Plastics), in which the Court of Appeals ruled in 1991 that plaintiffs in suits under the State Environmental Quality Review Act (SEQRA) must show that they are affected differently than the public at large. In the 18 years since that decision, the New York Attorney General, the State Department of Environmental Conservation, the New York State and New York City bar associations, and numerous environmental groups all filed amicus briefs or issued reports calling for the reversal of …

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Redesigning The Sec: Does The Treasury Have A Better Idea?, John C. Coffee Jr., Hillary A. Sale Jan 2009

Redesigning The Sec: Does The Treasury Have A Better Idea?, John C. Coffee Jr., Hillary A. Sale

Faculty Scholarship

Symposiums supply a snapshot in time. By observing the common assumptions and shared frameworks of a collection of scholars writing contemporaneously, one gains both insight into the intellectual world of a past era and the ability to measure its distance from our own. Twenty-five years ago the Virginia Law Review organized a noted symposium (the "1984 Symposium") to celebrate the 50th anniversary of the SEC. A number of prominent scholars participated, and its articles have been much cited.

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Accession And Original Ownership, Thomas W. Merrill Jan 2009

Accession And Original Ownership, Thomas W. Merrill

Faculty Scholarship

Although first possession is generally assumed to be the dominant means of establishing original ownership of property, there is a second but less studied principle for initiating ownership, called accession, which awards new resources to the owner of existing property most prominently connected to the new resource. Accession applies across a wide variety of areas, from determining rights to baby animals and growing crops to determining ownership of derivative rights under intellectual property laws. Accession shares common features with first possession, in that both principles assign ownership uniquely in a way that imposes minimal information cost burdens on society. But …

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On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss Jan 2009

On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss

Faculty Scholarship

At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at …

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Presidential Popular Constitutionalism, Jedediah S. Purdy Jan 2009

Presidential Popular Constitutionalism, Jedediah S. Purdy

Faculty Scholarship

This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens' constitutional understandings. This Article sets out a "grammar" of …

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An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo Jan 2009

An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo

Scholarship@WashULaw

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) represents the most significant overhaul of federal bankruptcy law since the Bankruptcy Code’s enactment in 1978. The legislation expanded the grounds on which a debtor’s Chapter 7 case may be dismissed. Moreover, it increased the administrative requirements imposed upon debtors who file for bankruptcy (e.g., increased financial disclosures), which in turn has had the effect of increasing the direct costs of filing for bankruptcy (e.g., filing fees and attorneys’ fees). With this increased complexity in accessing Chapter 7 relief, the question arises whether BAPCPA has had a disproportionate impact …

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Faculty Publications 2008, Lsu Health Sciences Center New Orleans Jan 2009

Faculty Publications 2008, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 629 publications.

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The Public’S Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard Jan 2009

The Public’S Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard

Scholarly Works

This Article offers a contemporary examination of traditional public health objectives to address social problems not amenable to individual resolution. Taking the tradition a step further, it defines a "public health right" that may justify certain government actions that otherwise appear to impair individual rights. For example, lawmakers are considering whether current regulations on prescription drugs should be loosened to allow terminally ill patients to access drugs before they have been tested and approved for the general public. This Article concludes that expanding access to experimental drugs would violate the public health right to scientific knowledge and new drug development. …

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Illegal Immigration And Worldview Defense: Distaste For Human Migration In The Context Of Tmt, John Matthew Bergen Jan 2009

Illegal Immigration And Worldview Defense: Distaste For Human Migration In The Context Of Tmt, John Matthew Bergen

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the impact of mortality salience on opinions about illegal immigrants. Participants were asked to write about their own death or a control subject and then presented with scenarios of illegal immigration to the United States. The scenarios included a defendant who was either of Latin American or European origin and had or had not learned to speak English. However, the European condition had to be dropped due to unreliable identification of the origin of the European defendant. The results indicate that mortality salience caused an increase in the preference for deportation of an illegal immigrant who was …

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Brothers Are Better Than Sisters: A Semiotic, Feminist Analysis Of Hbo's "Rome", Patricia Mamie Peers Jan 2009

Brothers Are Better Than Sisters: A Semiotic, Feminist Analysis Of Hbo's "Rome", Patricia Mamie Peers

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 2005, the Home Box Office and British Broadcasting Corporation partnered to produce Rome , a television series that retells the Roman histories of Julius Caesar, Marc Antony and Augustus through the lives of two centurion soldiers, Titus Pullo and Lucious Vorenus. The show's producers endeavored to bring Roman streets to life and included more storylines of women, men and children of all classes. At first considered a more egalitarian approach to history, Rome 's women are said to "challenge expectations" (Vu, 2005) and "forge a new path" (Ragalie, 2007, p. 2). But does this new representation challenge the old …

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Soil Moisture And Water Stage Estimation Using Precipitation Radar, Sumit Puri Jan 2009

Soil Moisture And Water Stage Estimation Using Precipitation Radar, Sumit Puri

UNLV Theses, Dissertations, Professional Papers, and Capstones

In south-western United States, soil moisture data is important for drought studies in the region which is experiencing a drought for many years, whereas in South Florida, water stage data is required by hydrologists to monitor the hydrological flow in wetlands. Soil moisture data and water stage data are not sufficiently available due to sparse monitoring stations. Installation of dense measuring stations over an extended area is costly and labor intensive. Therefore, there is a need to develop an alternative method of measuring soil moisture and water stage. Microwave remote sensing has proven to be a useful tool in the …

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Disease In The Desert: Las Vegas As A Case Study Of How First Responders And Emergency Managers Understand Novel Threats To Human Health And Plan To Respond During Biological Emergencies, Monique Williamson Jan 2009

Disease In The Desert: Las Vegas As A Case Study Of How First Responders And Emergency Managers Understand Novel Threats To Human Health And Plan To Respond During Biological Emergencies, Monique Williamson

UNLV Theses, Dissertations, Professional Papers, and Capstones

Over recent years it has become clear that technological advancements, globalization, and ecological change, combined with the onset of increased terrorist incidents, are all currently working to create an extremely hazardous environment in terms of pathogenic invasion. Realizing that infectious diseases are both newly emerging and re-emerging in many parts of the world, the question of how prepared an expansive United States will be in the face of an oncoming global pandemic is easily raised. Using Las Vegas as an example of just how unequipped a largely visited U.S. city may be in the face of such a situation, this …

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Desert Varnish As An Indicator Of Modern-Day Air Pollution In Southern Nevada, Piotr Nowinski Jan 2009

Desert Varnish As An Indicator Of Modern-Day Air Pollution In Southern Nevada, Piotr Nowinski

UNLV Theses, Dissertations, Professional Papers, and Capstones

Rock varnish, often called desert varnish, is a slow-growing, manganese-rich coating that accumulates on exposed rock surfaces. The mechanism of varnish formation is not fully understood, however, most authors agree that varnishes derive their components from the atmosphere. The main goal of this study was to demonstrate the potential use of desert varnish as a passive environmental monitor of present and past atmospheric pollution. Analysis of varnishes is a new field that can potentially provide records of pre-anthropogenic levels of atmospheric metals and other environmental pollutants. To evaluate the potential of desert varnish as an environmental monitoring tool, the following …

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Death Of The Role-Play, Nadja Alexander, Michelle Lebaron Jan 2009

Death Of The Role-Play, Nadja Alexander, Michelle Lebaron

Research Collection Yong Pung How School Of Law

Setting someone up to fail does indeed sound unfair. In fact it could be described as an ambush – outlaw facilitators lying in wait for unsuspecting students. Not only is this unsettling in a training environment, we can ask whether this lack of transparency runs counter to the behavior expected of negotiators and mediators. Far from being a figment of our fertile imaginations, this short vignette is drawn from a real life learning situation at which both authors were present. Participants were asked at the beginning of the postgraduate workshop about their learning preferences. While most replied enthusiastically about learning …

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Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher Jan 2009

Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher

Faculty Scholarship

The least discussed element of District of Columbia v. Heller might ultimately be the most important: the battle between the majority and dissent over the use of categoricalism and balancing in the construction of constitutional doctrine. In Heller, Justice Scalia’s categoricalism essentially prevailed over Justice Breyer’s balancing approach. But as the opinion itself demonstrates, Second Amendment categoricalism raises extremely difficult and still-unanswered questions about how to draw and justify the lines between protected and unprotected “Arms,” people, and arms-bearing purposes. At least until balancing tests appear in Second Amendment doctrine—as they almost inevitably will—the future of the Amendment will depend …

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Stability Of Linear Flocks On A Ring Road, J. J. P. Veerman, Carlos Martins Da Fonseca Jan 2009

Stability Of Linear Flocks On A Ring Road, J. J. P. Veerman, Carlos Martins Da Fonseca

Mathematics and Statistics Faculty Publications and Presentations

We discuss some stability problems when each agent of a linear flock on the line interacts with its two nearest neighbors (one on either side).

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Impact Of Land Fragmentation And Resource Ownership On Productivity And Efficiency: The Case Of Rice Producers In Bangladesh, S Rahman, M Rahman Jan 2009

Impact Of Land Fragmentation And Resource Ownership On Productivity And Efficiency: The Case Of Rice Producers In Bangladesh, S Rahman, M Rahman

School of Geography, Earth and Environmental Sciences

The paper analyzes the impact of land fragmentation and ownership of resources on productivity and technical efficiency in rice production in Bangladesh using farm level survey data. Results reveal that land fragmentation has a significant detrimental effect on productivity and efficiency as expected. The elasticity estimates of land fragmentation reveal that a 1% increase in land fragmentation reduces rice output by 0.05% and efficiency by 0.03%. On the other hand, ownership of key resources (land, family labour, and draft animals) significantly increases efficiency. The mean elasticity estimates reveal that a 1% increase in family labour and owned draft animal improve …

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Boldness And Behavioral Syndromes In The Bluegill Sunfish, Lepomis Macrochirus, Alexander D.M. Wilson, Jean Guy J. Godin Jan 2009

Boldness And Behavioral Syndromes In The Bluegill Sunfish, Lepomis Macrochirus, Alexander D.M. Wilson, Jean Guy J. Godin

School of Biological and Marine Sciences

No abstract provided.

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Newfound Lake, Cooperative Extension Jan 2009

Newfound Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

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The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan Jan 2009

The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan

Research Collection Yong Pung How School Of Law

It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, …

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Causal Induction From Continuous Event Streams: Evidence For Delay-Induced Attribution Shifts, M Buehner, J May Jan 2009

Causal Induction From Continuous Event Streams: Evidence For Delay-Induced Attribution Shifts, M Buehner, J May

School of Psychology

Contemporary theories of Human Causal Induction assume that causal knowledge is inferred from observable contingencies. While this assumption is well supported by empirical results, it fails to consider an important problem-solving aspect of causal induction in real time: In the absence of well structured learning trials, it is not clear whether the effect of interest occurred because of the cause under investigation, or on its own accord. Attributing the effect to either the cause of interest or alternative background causes is an important precursor to induction. We present a new paradigm based on the presentation of continuous event streams, and …

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Restorative Justice In Traditional Pre-Colonial 'Criminal Justice Systems' In Kenya, Sarah Kinyanjui Jan 2009

Restorative Justice In Traditional Pre-Colonial 'Criminal Justice Systems' In Kenya, Sarah Kinyanjui

Tribal Law Journal

Traditional African communities are often said to have embraced restorative values in resolving conflicts and responding to wrongdoing. Through empirical research and analysis of secondary data on the pre-colonial traditional Kamba, Kikuyu and Meru communities in Kenya, this article illustrates how penal practices in these communities embraced restorative justice as understood today. This genealogy of restorative justice in these communities demonstrates the potential of restorative justice as an intervention in crime and its role in meeting overall community goals. By doing so, the genealogy challenges the objectification of retributive justice in modern criminal justice systems, which renders retributive practices as …

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Southern Ute Tribal Profile, Michael J. Anaya Jan 2009

Southern Ute Tribal Profile, Michael J. Anaya

Tribal Law Journal

An overview of the internal laws of the Southern Ute Tribe.

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Revealing Genes Associated With Vitellogenesis In The Liver Of The Zebrafish (Danio Rerio) By Transcriptome Profiling., Liraz Levi, Irena Pekarski, Ellen Gutman, Paolo Fortina, Terry Hyslop, Jakob Biran, Berta Levavi-Sivan, Esther Lubzens Jan 2009

Revealing Genes Associated With Vitellogenesis In The Liver Of The Zebrafish (Danio Rerio) By Transcriptome Profiling., Liraz Levi, Irena Pekarski, Ellen Gutman, Paolo Fortina, Terry Hyslop, Jakob Biran, Berta Levavi-Sivan, Esther Lubzens

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: In oviparous vertebrates, including fish, vitellogenesis consists of highly regulated pathways involving 17beta-estradiol (E2). Previous studies focused on a relatively small number of hepatic expressed genes during vitellogenesis. This study aims to identify hepatic genes involved in vitellogenesis and regulated by E2, by using zebrafish microarray gene expression profiling, and to provide information on functional distinctive genes expressed in the liver of a vitellogenic female, using zebrafish as a model fish. RESULTS: Genes associated with vitellogenesis were revealed by the following paired t-tests (SAM) comparisons: a) two-month old vitellogenic (Vit2) females were compared with non-vitellogenic (NV) females, showing 825 …

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Developing Tta Transgenic Rats For Inducible And Reversible Gene Expression., Hongxia Zhou, Cao Huang, Min Yang, Carlisle P Landel, Pedro Yuxing Xia, Yong-Jian Liu, Xu Gang Xia Jan 2009

Developing Tta Transgenic Rats For Inducible And Reversible Gene Expression., Hongxia Zhou, Cao Huang, Min Yang, Carlisle P Landel, Pedro Yuxing Xia, Yong-Jian Liu, Xu Gang Xia

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

To develop transgenic lines for conditional expression of desired genes in rats, we generated several lines of the transgenic rats carrying the tetracycline-controlled transactivator (tTA) gene. Using a vigorous, ubiquitous promoter to drive the tTA transgene, we obtained widespread expression of tTA in various tissues. Expression of tTA was sufficient to strongly activate its reporter gene, but was below the toxicity threshold. We examined the dynamics of Doxycycline (Dox)-regulated gene expression in transgenic rats. In the two transmittable lines, tTA-mediated activation of the reporter gene was fully subject to regulation by Dox. Dox dose-dependently suppressed tTA-activated gene expression. The washout …

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