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2009

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Discretionary Sentencing In Military Commissions: Why And How The Sentencing Guidelines In The Military Commissions Act Should Be Changed, Brian Wolensky Jan 2009

Discretionary Sentencing In Military Commissions: Why And How The Sentencing Guidelines In The Military Commissions Act Should Be Changed, Brian Wolensky

Chapman Law Review

No abstract provided.


Socrates, Syllogisms, And Sadistic Transactions: Challenges To Mastering U.C.C. Article 9 Through Deductive Reasoning, Timothy R. Zinnecker Jan 2009

Socrates, Syllogisms, And Sadistic Transactions: Challenges To Mastering U.C.C. Article 9 Through Deductive Reasoning, Timothy R. Zinnecker

Chapman Law Review

No abstract provided.


Heads I Win, Tails You Lose: The Disparate Treatment Of Similarly Situated Taxpayers Under The Personal Injury Income Tax Exclusion, Habib Hanna Jan 2009

Heads I Win, Tails You Lose: The Disparate Treatment Of Similarly Situated Taxpayers Under The Personal Injury Income Tax Exclusion, Habib Hanna

Chapman Law Review

No abstract provided.


Teaching Social Justice Through Community Engagement, Rosemary B. Closson, Barbara Mullins Nelson Jan 2009

Teaching Social Justice Through Community Engagement, Rosemary B. Closson, Barbara Mullins Nelson

International Journal for the Scholarship of Teaching & Learning

This research was motivated by our desire for our students to achieve a deeper appreciation for the social justice aspect of our field, adult education, and also to engage them with the community. We sought to accomplish these ends as students at two different state universities volunteered to build a home with Habitat for Humanity. Data was collected using focus groups and reflective papers and analyzed using a constant-comparative method. We found that student engagement with Habitat for Humanity resulted in students’ personal growth and to a lesser extent they learned something about the potential of adult education to contribute …


A Citizen's Guide To Protecting Sandown's Wetlands And Water Resources, Sandown Conservation Commission Jan 2009

A Citizen's Guide To Protecting Sandown's Wetlands And Water Resources, Sandown Conservation Commission

PREP Reports & Publications

No abstract provided.


Eighteenth Year Of The Gulf Of Maine Environmental Monitoring Program, Lawrence A. Leblanc, Christian Krahforst, Jamie Aube, Shawn Roach, Guy Brun, Gareth Harding, Peter Hennigar, David Page, Stephen H. Jones, Susan Shaw, James Stahlnecker, Jack Schwartz, Darrell Taylor, Bruce Thorpe, Peter Wells Jan 2009

Eighteenth Year Of The Gulf Of Maine Environmental Monitoring Program, Lawrence A. Leblanc, Christian Krahforst, Jamie Aube, Shawn Roach, Guy Brun, Gareth Harding, Peter Hennigar, David Page, Stephen H. Jones, Susan Shaw, James Stahlnecker, Jack Schwartz, Darrell Taylor, Bruce Thorpe, Peter Wells

PREP Reports & Publications

This report summarizes the metals and organic contaminant data associated with the collection and analyses of blue mussel (Mytilus edulis) tissue from selected sites along the Gulf of Maine coast during the 2008 sampling season. Contaminant monitoring is conducted by the Gulfwatch Program for the Gulf of Maine Council on the Marine Environment (GOMC). A subset of these data is compared with analytical results from earlier Gulfwatch monitoring (2001-2007). Statistical analyses are limited to descriptive measures of replicates from selected sampling sites and include: arithmetic means, and appropriate measures of variance. The primary purpose of this report is to present …


The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, The Role Of The Lawyer In The American Democracy, Rakesh K. Anand Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, The Role Of The Lawyer In The American Democracy, Rakesh K. Anand

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe

Fordham Law Review

No abstract provided.


Ethical Visions Of Copyright Law, James Grimmelmann Jan 2009

Ethical Visions Of Copyright Law, James Grimmelmann

Fordham Law Review

No abstract provided.


Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal Jan 2009

Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal

Fordham Law Review

No abstract provided.


The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen Jan 2009

The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen

Fordham Law Review

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of constitutional amendment. This conception of constitutional law is incomplete. In fact, courts often use so-called “semisubstantive” doctrines that focus on the processes that nonjudicial officials have used in adopting constitutionally problematic rules. When a court strikes down a rule by using a motive-centered or legislative-findings doctrine, for example, political decision makers may revive that very rule without need for a constitutional amendment. …


The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones Jan 2009

The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones

Fordham Law Review

Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence” …


Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman Jan 2009

Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman

Fordham Law Review

This Note explores the conflict over whether a prisoner must suffer more than de minimis injury to sustain an Eighth Amendment excessive force claim. It examines this conflict against the backdrop of the various standards the U.S. Supreme Court adopted in its Eighth Amendment prison conditions jurisprudence between 1976 and 1992, principally focusing on the 1992 Hudson v. McMillian decision. Moreover, this Note considers the intersection of “the evolving standards of decency,” the “hands-off doctrine,” and the Eighth Amendment injury requirement. Ultimately, this Note advocates that excessive force—when meted out as punishment—violates the Eighth Amendment’s prohibition on cruel and unusual …


The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman Jan 2009

The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman

Fordham Law Review

No abstract provided.


Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen Jan 2009

Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen

Fordham Law Review

Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …


Systematic Analysis Of Unknown Integrated Circuits, Michael Brutscheck Jan 2009

Systematic Analysis Of Unknown Integrated Circuits, Michael Brutscheck

Doctoral

In recent years the efficient and structured analysis of unknown CMOS integrated circuits (ICs) has attracted a lot of interest. Over the last decade different and non-invasive strategies have been developed to analyse unknown ICS. However, invasive procedures must always lead to the destruction of the system under investigation. Non-invasive approaches published so far have the disadvantage that ICs are analysed using very complex and very time consuming algorithms. The focus of this thesis is to develop a non-invasive and efficient procedure to determine fully unclassified digital CMOS ICs solely by their input-output behaviour. In this research, automata theory was …


A Decade Of U.S. Air Force Bat Strikes, Suzanne C. Peurach, Carla J. Dove, Laura Stepko Jan 2009

A Decade Of U.S. Air Force Bat Strikes, Suzanne C. Peurach, Carla J. Dove, Laura Stepko

Human–Wildlife Interactions

From 1997 through 2007, 821 bat strikes were reported to the U.S. Air Force (USAF) Safety Center by aircraft personnel or ground crew and sent to the National Museum of Natural History, Smithsonian Institution, for identification. Many samples were identified by macroscopic and or microscopic comparisons with bat specimens housed in the museum and augmented during the last 2 years by DNA analysis. Bat remains from USAF strikes during this period were received at the museum from 40 states in the United States and from 20 countries. We confirmed that 46% of the strikes were caused by bats, but we …


Would New Yorkers Help A Lost Child? 1976 V 2008?, Amanda Verdi Jan 2009

Would New Yorkers Help A Lost Child? 1976 V 2008?, Amanda Verdi

Modern Psychological Studies

To test the notion of urban "stimulus overload" (Milgram, 1970), this study replicates a 1977 "lost child" experiment, with a child (age 9 or 10) asking 146 New Yorkers for help. As expected: (a) The rate of New Yorkers who helped a lost child rose significantly, from 46% in 1977 to 61.6% in 2008. (b) When debriefed and told that the lost child was actually part of an experiment, only 11% of New Yorkers expressed a negative reaction, compared with 55% who reacted positively. In fact, the more helpful one's behavior, the more positive their later reaction to debriefing (r …


Visual Versus Auditory Learning And Memory Recall Performance On Short-Term Versus Long-Term Tests, Katie Lindner, Greta Blosser, Kris Cunigan Jan 2009

Visual Versus Auditory Learning And Memory Recall Performance On Short-Term Versus Long-Term Tests, Katie Lindner, Greta Blosser, Kris Cunigan

Modern Psychological Studies

Our study explored the influence of visual versus auditory learning on recall of a memory test. There were four groups in our study, two of which heard an article, and two of which read an article. All groups were then given a posttest to assess their recall. Two of the four groups took an immediate posttest, and the other two took a delayed posttest 45 minutes after hearing or reading the article. Visual learning outperformed auditory learning in both the immediate post-test condition, as well as in the delayed post-test condition. Overall, our study found that visual learning produced better …


Comfort Food: Obesity And Mood Influences On Food Uptake, Gabrielle Patterson, Wind Goodfriend Jan 2009

Comfort Food: Obesity And Mood Influences On Food Uptake, Gabrielle Patterson, Wind Goodfriend

Modern Psychological Studies

The purpose of this study was to understand the effects of mood (negative vs. neutral) conditions on food consumption and choice, between non-obese and obese people. Mood was manipulated using two film segments; pre-weighed bags of food were offered to participants to eat during the film, which included one fatty choice (popcorn) and one healthy choice (carrots). The amount and type of food consumed was measured directly after each session. Surprisingly, results revealed that people in a negative mood did not consume more or choose fatty foods more often, compared to those who were in a neutral mood. Implications for …


The Effect Of Display Rules On Illusion Of Transparency In Children, A. A. Benedetti, C. L. Dawson, S. L. Staranko, E. A. Swanson, J. J. Horton Jan 2009

The Effect Of Display Rules On Illusion Of Transparency In Children, A. A. Benedetti, C. L. Dawson, S. L. Staranko, E. A. Swanson, J. J. Horton

Modern Psychological Studies

The illusion of transparency, the tendency for people to overestimate how obvious their internal states appear to outside observers, was examined in 25 school-age children. While previous researchers studied undergraduate participants, we aimed to expand the developmental literature by investigating whether children exhibit the illusion of transparency in the same manner as undergraduates. We presented each child with three pleasant-tasting drinks and two unpleasant-tasting drinks. Two undergraduate observers and the children rated facial expressions after each sip. Our results supported our hypothesis with no illusion of transparency for the unpleasant drinks; however, an illusion was found for the pleasant drinks. …


Generation Of Novel Pikromycin Antibiotic Products Through Mutasynthesis, Shuchi Gupta, Venkatraman Lakshmanan, Beom Seok Kim, Robert Fecik, Kevin A. Reynolds Jan 2009

Generation Of Novel Pikromycin Antibiotic Products Through Mutasynthesis, Shuchi Gupta, Venkatraman Lakshmanan, Beom Seok Kim, Robert Fecik, Kevin A. Reynolds

Chemistry Faculty Publications and Presentations

Mutasynthesis in pikromycin PKS: The amenability of pikromycin polyketide synthase to mutational biosynthesis has been demonstrated. A natural triketide and its analogues, activated as N-acetyl-cysteamine thioesters, were synthesized and fed to a pikAI-deleted strain; this led to the production of new antibiotics. A vinyl analogue was found to have better antibacterial activity than pikromycin.


The Pto And The Market For Influence In Patent Law, Clarisa Long Jan 2009

The Pto And The Market For Influence In Patent Law, Clarisa Long

Faculty Scholarship

As statutory schemes go, the patent statute has been relatively stable from 1952 to the present. In contrast to copyright law, where Congress has taken a close – indeed at times intense – interest in the details of the statutory scheme, legislative intervention into the patent statute, when it has occurred, has been more limited and narrower in scope. For many reasons, however, patent law has been disequilibrating over time, and calls for patent reform have been increasing in intensity. One of the many factors contributing to this disequilibration in recent years has been the ongoing emergence of the U.S. …


Double Tax Treaties: An Introduction, Reuven S. Avi-Yonah Jan 2009

Double Tax Treaties: An Introduction, Reuven S. Avi-Yonah

Book Chapters

The existing network of more than 2,500 bilateral double tax treaties (DTTs) represents an important part of international law. The current DTTs are all based on two models, the Organisation for Economic Co-operation and Development (OECD) and United Nations (UN) model DTTs, which in turn are based on models developed by the League of Nations between 1927 and 1946. Despite some differences that will be discussed below, all DTTs are remarkably similar in the topics covered (even the order of articles are always the same) and in their language. About 75% of the actual words of any given DTT are …


Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi Jan 2009

Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.