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2009

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Articles 31861 - 31890 of 32209

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A Motor Speech Programming Investigation Using Inhibition: Part I, Jeffrey Thomas Backlin Jan 2009

A Motor Speech Programming Investigation Using Inhibition: Part I, Jeffrey Thomas Backlin

Dissertations and Theses @ UNI

The current study investigated stop/go boundaries for speech acts (i.e. saying "uh, annul, annulment") in a speech inhibition task modeled on Slater-Hammel's (1959) experiment. Specifically, the project sought to answer the following research questions: (1) Can human speakers learn to stop a sweep hand using their voice? (2) What is the absolute (100%) inhibition threshold for "uh?" (3) What is the threshold at which one half of the spoken response for "uh," can be inhibited? Two additional studies were conducted for the additional stop targets "annul" (Williams, 2009) and "annulment" (Corbett, 2009). Self-report and informal speech-language screening assessed ten adult …


Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith Jan 2009

Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith

Campbell Law Review

No abstract provided.


Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope Jan 2009

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope

Campbell Law Review

No abstract provided.


The 2009 Revision To The Phrma Code On Interactions With Healthcare Professionals: Challenges And Opportunities For The Pharmaceutical Industry In The Age Of Compliance, Howard L. Dorfman Jan 2009

The 2009 Revision To The Phrma Code On Interactions With Healthcare Professionals: Challenges And Opportunities For The Pharmaceutical Industry In The Age Of Compliance, Howard L. Dorfman

Campbell Law Review

This Article will describe the basic tenets of the 2009 PhRMA Code, how the 2009 PhRMA Code has been relied upon by at least one state in crafting its own response to the industry-healthcare professional debate, and it will conclude with a brief overview of pending activity apart from the self-policing guidance of the 2009 PhRMA Code with an outlook on the future of the compliance debate.


Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford Jan 2009

Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford

Campbell Law Review

No abstract provided.


The Hidden Dichotomy In The Law Of Morality, Justin P. Nichols Jan 2009

The Hidden Dichotomy In The Law Of Morality, Justin P. Nichols

Campbell Law Review

This Comment will begin by exploring the dichotomy itself, and then carefully distinguishing civil and religious morality. The analysis will then examine Lawrence and clarify how the opinion affected the dichotomy. Next, this Comment will apply the post-Lawrence understanding of the rational basis test to several issues of concern raised by opponents of the decision. Finally, this Comment will speculate as to the possible implications of Lawrence for moral issues lying on the horizon.


Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan Jan 2009

Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan

Campbell Law Review

Part I of this Article provides a brief introduction to North Carolina's experience thus far with the foreclosure crisis and introduces the broad array of statutorily granted tools local governments might employ to deal with vacant or abandoned dwellings in varying stages of neglect. Part II discusses the general police power that serves as the first line of defense against the decline of vacant or abandoned housing, as well as how that power is limited by state statutes governing minimum housing standards. Part III then turns to those minimum housing statutes to examine their operation and limitations. Part IV analyzes …


Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux Jan 2009

Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux

Campbell Law Review

For nearly twenty years, state and federal law enforcement agencies have turned to DNA databases as a means of identifying offenders, generating leads in cold cases, and on occasion, exonerating the innocent. Naturally, the larger the database, the more likely it is that a new DNA profile entered into the system will generate a match. Currently, fifty states maintain DNA databases, and of those, forty-seven-including North Carolina-collect and store DNA profiles from all persons convicted of any felony offense. Statutes requiring the collection of DNA profiles from convicts are a positive step toward improving the database tools; however, by only …


Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz Jan 2009

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.


The Electronic Lawyer, Richard L. Marcus Jan 2009

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Tax Policy, Rational Acts, And Other Myths, Leo P. Martinez Jan 2009

Tax Policy, Rational Acts, And Other Myths, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Second Amendment Decision Rules, Calvin R. Massey Jan 2009

Second Amendment Decision Rules, Calvin R. Massey

Faculty Scholarship

No abstract provided.


The Challenge Of Democratic Lawyering, Ascanio Piomelli Jan 2009

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.


Stark Vs. Speier: A Comparison Of Federal And California Physician Self-Referral Laws, R. Gregory Cochran Jan 2009

Stark Vs. Speier: A Comparison Of Federal And California Physician Self-Referral Laws, R. Gregory Cochran

Faculty Scholarship

No abstract provided.


Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand Jan 2009

Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand

Faculty Scholarship

The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York’s existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected …


Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington Jan 2009

Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …


Social Impact, Edward F. Lawler, Ellen Rostand, Michelle Kassman, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Agee Jan 2009

Social Impact, Edward F. Lawler, Ellen Rostand, Michelle Kassman, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Agee

Social Impact Publication

From the Dean: Our Work in this Economy.;

Interview: Q&A with Paul C. Brophy;

Bookshelf: Understanding Assets: Two new books explore the impact of ownership and assets on individuals and communities;

Perspectives with Matthew Kreuter: Communication Connections;

Building a New Paradigm: Transdisciplinary Research Comes to the Forefront;

A Sense of Place: Place-Based Initiatives Help Communities and Students;

Notebook: Research: Tutoring Produces Big Gains in Student Learning;

Notebook: Research: Free Exercise and Nutrition Program in Brazil Could Serve as Model in United States;

Notebook: Research: Growing Problem for Veterans-Domestic Violence;

Notebook: Message of Service Drives Surge in Peace Corps Applications;

Notebook: …


The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt Jan 2009

The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt

Faculty Scholarship

I wrote this essay after participating in a 2006 workshop on Criminal Law and Cultural Diversity, which discussed, among other subjects, the wisdom of providing a "cultural defense." Uncertain just how far such a defense might expand on defenses already available, I undertook to explore that topic.

The phrase "a cultural defense" suggests an either/or choice that any legal system might make. That matters are much more complex than this is part of the burden of this essay. A "cultural defense" in its most general sense refers to a wide range of ways in which evidence about a defendant's cultural …


The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard Jan 2009

The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard

Faculty Scholarship

Under President Clinton the U.S. EPA took the position that it had the authority to regulate greenhouse gases (GHGs) from motor vehicles under the Clean Air Act as written, but the Clinton administration did not take affirmative steps to actually employ that authority. When President Bush took office, the General Counsel of EPA took the opposite position, stating that it would need special authorizing legislation in order to architect that regulation. A petition was filed with the EPA by the International Council for Technology Assessment and other organizations asking EPA to impose such regulations. EPA denied the petition. This led …


Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert Jan 2009

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

No abstract provided.


The Interdependent Relationship Between Internal And External Separation Of Powers, Gillian E. Metzger Jan 2009

The Interdependent Relationship Between Internal And External Separation Of Powers, Gillian E. Metzger

Faculty Scholarship

It has been the best of times and the worst of times for internal separation of powers. Over the past few years, internal checks on executive power have been a central topic of legal academic debate – rarely have details of public administrative structure received so much attention. To some extent, this sudden popularity reflects growing interest in questions of institutional design. Unfortunately, however, another reason for this attention is the prominent erosion and impotence of such internal constraints under the recent administration of President George W. Bush.


Subsidizing Charitable Contributions: Incentives, Information, And The Private Pursuit Of Public Goals, David M. Schizer Jan 2009

Subsidizing Charitable Contributions: Incentives, Information, And The Private Pursuit Of Public Goals, David M. Schizer

Faculty Scholarship

The charitable deduction has enjoyed relatively little support in the legal academy. Many commentators have asked what it adds to the tax system and, as critics such as Stanley Surrey and Paul McDaniel have observed, the deduction obviously does not itself collect tax revenue. Defenders respond that the deduction helps to measure income and to keep taxpayers from inefficiently substituting leisure for work, but these points are, of course, contested. Instead of revisiting debates about what the deduction adds to the tax system, this Article focuses on the broader question of what it adds to the pursuit of public goals. …


Hitting The Sweet Spot By Accident: How Recent Lower Court Cases Help Realign Incentives In The Credit Rating Industry, John Crawford Jan 2009

Hitting The Sweet Spot By Accident: How Recent Lower Court Cases Help Realign Incentives In The Credit Rating Industry, John Crawford

Faculty Scholarship

No abstract provided.


Cognition And Star Trek: Learning And Legal Education, Kate Bloch Jan 2009

Cognition And Star Trek: Learning And Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.


Plain Language Patents, Robin Feldman Jan 2009

Plain Language Patents, Robin Feldman

Faculty Scholarship

No abstract provided.


Judicial Independence And Party Politics In The Kelsenian Constitutional Courts: The Case Of Portugal, Sofia Amaral-Garcia, Nuno M. Garoupa, Veronica Grembi Jan 2009

Judicial Independence And Party Politics In The Kelsenian Constitutional Courts: The Case Of Portugal, Sofia Amaral-Garcia, Nuno M. Garoupa, Veronica Grembi

Faculty Scholarship

In this paper we test to what extent the Kelsenian-type of constitutional judges are independent from political parties by studying of the Portuguese Constitutional Court. The results yield three main conclusions. First, constitutional judges in Portugal are quite sensitive to their political affiliations and their political party's presence in government when voting. Second, peer pressure is very relevant. Third, the 1997 reform that was enacted to increase judicial independence has had no robust statistically significant effect.


Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan Jan 2009

Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan

Faculty Scholarship

The realities of the food crisis form the background to the discussion of India’s endeavor to tackle the issues relating to agriculture with special emphasis on the nation’s efforts to promote farmers’ rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2004 (PPVFA). The story of the PPVFA is interesting because the legislation represents India’s fulfillment of its international obligations by introducing breeders’ rights while simultaneously recognizing farmers’ traditional rights. Thus, Part I of this article outlines the steps India took to promote farmers’ rights as part of enacting a legislation to protect breeders’ rights to fulfill its …


Symbol Or Substance: An Empirical Assessment Of State Responses To Kelo, Andrew P. Morriss Jan 2009

Symbol Or Substance: An Empirical Assessment Of State Responses To Kelo, Andrew P. Morriss

Faculty Scholarship

The Kelo decision provoked considerable legislative activity as 46 states adopted legislation on eminent domain in its aftermath. Only about half adopted restrictions that were more than symbolic, however. This paper examines those responses using a logistic regression analysis and finds that all else equal: (1) states where legislatures were more constrained by tax and expenditure limits were less likely to adopt substantive restrictions; (2) a larger number of Republicans in the state legislature made a state more likely to adopt a substantive restriction; (3) overall Republican strength (as measured by gubinatorial [sic] elections) made states less likely …


Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres Jan 2009

Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres

Faculty Scholarship

It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …


Compass, Armstrong State University Jan 2009

Compass, Armstrong State University

Armstrong News & Publications: Compass (Archived)

No abstract provided.