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2009

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The End Of Reparations Talk: Reparations In An Obama World, Kevin Outterson Jan 2009

The End Of Reparations Talk: Reparations In An Obama World, Kevin Outterson

Faculty Scholarship

Disparities in Black health began in slavery, were reinforced in segregation and racism, and persist today despite significant remedial efforts. In the last decade, the statistics about Black health disparities show no improvement. The caustic history of slavery, racism and segregation hasn't been completely undone. Fundamental changes are still necessary to repair deficits in Black health.

But the election of Barack Obama has changed the relevance of reparations as a political tool for making these changes. We elected a Black man as President, and he refused to apply reparations talk to social programs of uplift for disadvantaged communities. Obama struck …


The Turn Toward Congress In Administrative Law, Jack M. Beermann Jan 2009

The Turn Toward Congress In Administrative Law, Jack M. Beermann

Faculty Scholarship

Congress engages in an extensive and ever-increasing level of oversight of the activities of the Executive Branch. The level of observation and supervision is high enough that it is appropriate to hold Congress responsible for a very high proportion of the activities of the Executive Branch. In recent years, so much attention has been paid to assertions of power by the President and the Supreme Court, Congress has been somewhat neglected. This paper analyzes the power of Congress mainly through an administrative law lens with the aim of pointing out ways in which Congress has remained or become responsible for …


The Challenge Of Improving The Long-Term Focus Of Executive Pay, David I. Walker Jan 2009

The Challenge Of Improving The Long-Term Focus Of Executive Pay, David I. Walker

Faculty Scholarship

A consensus is developing that executive compensation in the U.S. is inadequately linked to long-termcompany performance, resulting in reckless, short-term decision making. Congress, the Obama administration, and academic commentators have recently embraced dramatic restrictions on the form and holding period of senior executive pay, at least at some companies. A common view, apparently, is that while regulation of the amount of executive pay would do more harm than good, regulation of form and term is desirable.

This essay questions that view. It highlights the challenges of fruitfully regulating the term and form of payarising from the complexity and diversity of …


Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen A. O'Rourke Jan 2009

Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen A. O'Rourke

Faculty Scholarship

Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding thesuitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual framework …


Functional Characterization Of Pag1, The Α7 Subunit Of The 20s Proteasome And Of The Ubiquitin-Specific Protease Subfamilies Ubp12/13 And Ubp3/4 In Arabidopsis Thaliana., Gulsum Soyler-Ogretim Jan 2009

Functional Characterization Of Pag1, The Α7 Subunit Of The 20s Proteasome And Of The Ubiquitin-Specific Protease Subfamilies Ubp12/13 And Ubp3/4 In Arabidopsis Thaliana., Gulsum Soyler-Ogretim

Graduate Theses, Dissertations, and Problem Reports (ETD)

The ubiquitin/26S proteasome system (UPS) is conserved in all eukaryotic species. The 26S proteasome serves as the protease in this pathway and is responsible for the degradation of abnormal and short-lived proteins after their modification with a polyubiquitin tag. It consists of one or two ATP-dependent, 19S regulatory particles and an ATP-independent 20S core protease. PAG1 serves as one of at least 14 different subunits of the 20S core protease. In this study, the role of the 20S core protease in general and PAG1, the α7 subunit of the 26S proteasome, in particular during Arabidopsis growth and development was investigated …


Cross-Examining Film, Jessica Silbey Jan 2009

Cross-Examining Film, Jessica Silbey

Faculty Scholarship

The Supreme Court decision in Scott v. Harris holds that a Georgia police officer did not violate a fleeing suspect's Fourth Amendment rights when he caused the suspect's car to crash. The court's decision relies almost entirely on the filmed version of the high-speed police chase taken from a "dash-cam," a video camera mounted on the dashboard of the pursuing police cruiser. The Supreme Court said that in light of the contrary stories told by the opposing parties to the lawsuit, the only story to be believed was that told by the video. In Scott v. Harris, the court fell …


The Politics Of Law And Film Study: An Introduction To The Symposium On Legal Outsiders In American Film, Jessica Silbey Jan 2009

The Politics Of Law And Film Study: An Introduction To The Symposium On Legal Outsiders In American Film, Jessica Silbey

Faculty Scholarship

The articles collected in this Symposium Issue on Legal Outsiders in American Film are examples of a turn in legal scholarship toward the analysis of culture. The cultural turn in law takes as a premise that law and culture are inextricably intertwined. Common to the project of law and culture is how legal and cultural discourse challenge or sustain communities, identities and relations of power. In this vein, each of the articles in this Symposium Issue look closely at a film or a set of films as cultural objects which, when engaged critically, help us think about law as an …


A Witness To Justice, Jessica Silbey Jan 2009

A Witness To Justice, Jessica Silbey

Faculty Scholarship

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …


Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue Jan 2009

Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue

Faculty Scholarship

Many evidentiary issues arise with respect to the admission of videotape evidence and computer generated simulations at trial, and the authors of this Article address these issues as they arise in police misconduct cases. Professor Schwartz provides insight into and analysis of the evidentiary principles that govern the use of video and computer simulation evidence at trial in cases where police misconduct is at issue. His discussion first addresses the issues that concern the admissibility of videotape evidence, then discusses the role of a videotape on summary judgment, and lastly, analyzes evidentiary issues with respect to computer generated simulations.


Key Elements Of The Esl/Efl Teacher Preparation Program At The University Of Ha'il, Saudi Arabia: Efl Practitioners And Faculty Perceptions., Asmaa Shaei Alshuaifan Jan 2009

Key Elements Of The Esl/Efl Teacher Preparation Program At The University Of Ha'il, Saudi Arabia: Efl Practitioners And Faculty Perceptions., Asmaa Shaei Alshuaifan

Graduate Theses, Dissertations, and Problem Reports (ETD)

This investigation was designed to determine the perceptions of ESL/EFL faculty members and ESL/EFL practitioners teaching in Girls’ Public Schools in the city of Ha’il, Saudi Arabia, towards key components of the ESL/EFL teacher preparation program, major goals and curriculum of EFL teaching in public schools. This research tested if the difference of teaching level (university vs. grade school) causes a difference in the perceptions of EFL/ESL faculty or EFL/ESL practitioners. The data was gathered from two main sources which are university level, University of Ha’il, and grade school level (i.e., elementary, intermediate, secondary). A survey was used for this …


Neodymium:Yttrium Aluminum Garnet Mini Slab Laser: Hybrid Integration And Raman Sensor Application., Narasimha Rao Ayyalasomayajula Jan 2009

Neodymium:Yttrium Aluminum Garnet Mini Slab Laser: Hybrid Integration And Raman Sensor Application., Narasimha Rao Ayyalasomayajula

Graduate Theses, Dissertations, and Problem Reports (ETD)

An effective use of Nd:YAG lasers in remote, in-situ sensing and other applications require compact size and efficient operation. Our prior work demonstrated that a functioning Nd:YAG laser resonator could be reduced to the size of approximately 1cm2 (10mmx12mm) and 2mm thickness with an output power of 2.2W and an efficiency of 6%. Enhancing the efficiency and output energy and further reducing the size of these slab lasers will make them attractive candidates for compact laser sources in applications such as Laser Induced Breakdown Spectroscopy (LIBS), laser-based spark plug systems, and Raman excitation-based integrated sensor systems. This dissertation targets the …


Quasi-Colonial Bodies: An Analysis Of The Reproductive Lives Of Poor Black And Racially Subjugated Women, Khiara M. Bridges Jan 2009

Quasi-Colonial Bodies: An Analysis Of The Reproductive Lives Of Poor Black And Racially Subjugated Women, Khiara M. Bridges

Faculty Scholarship

This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of poor Black women who rely on public assistance, and the portrayal of their children as an embryonic "criminal class"--ought to be understood as a form of contempt for Black women's reproductive rights. Differently stated, the lack of acknowledgment in legal, political, and popular discourse that motherhood is a legitimate …


Measuring Accessibility Of Regional Parks : A Comparison Of Three Gis Techniques, Kara Hass Jan 2009

Measuring Accessibility Of Regional Parks : A Comparison Of Three Gis Techniques, Kara Hass

Master's Theses

No abstract provided.


Female Stereotypes In 21st Century News And Business Magazines, Gosia Gizycki Jan 2009

Female Stereotypes In 21st Century News And Business Magazines, Gosia Gizycki

Master's Theses

No abstract provided.


Assessment Of Information Literacy Instruction, David E. Gross Jan 2009

Assessment Of Information Literacy Instruction, David E. Gross

Master's Theses

No abstract provided.


Historical Archaeologists' Utilization Of Archives: An Exploratory Study, Elizabeth Ann Borchardt Jan 2009

Historical Archaeologists' Utilization Of Archives: An Exploratory Study, Elizabeth Ann Borchardt

Master's Theses

No abstract provided.


Interpreting Quantum Nonlocality As Platonic Information, James C. Emerson Jan 2009

Interpreting Quantum Nonlocality As Platonic Information, James C. Emerson

Master's Theses

No abstract provided.


Functionalization Of Carbon Nanotubes, Tane Boghozian Jan 2009

Functionalization Of Carbon Nanotubes, Tane Boghozian

Master's Theses

No abstract provided.


Images Of Aggression And Substance Abuse In Music Videos : A Content Analysis, Monica M. Escobedo Jan 2009

Images Of Aggression And Substance Abuse In Music Videos : A Content Analysis, Monica M. Escobedo

Master's Theses

No abstract provided.


Uses And Adoption Of Web 2.0 : A Study Of The Next Generation Of The Internet, Caitlin Rives Jan 2009

Uses And Adoption Of Web 2.0 : A Study Of The Next Generation Of The Internet, Caitlin Rives

Master's Theses

No abstract provided.


Recordkeeping In A Small Nonprofit Organization, Samuel Alan Meister Jan 2009

Recordkeeping In A Small Nonprofit Organization, Samuel Alan Meister

Master's Theses

No abstract provided.


La Malinche : ¿ VindicacióN Del MéXico Del Siglo Xxi? = La Malinche : Xxi Century Mexico's Vindication?, MaríA Elena Bueno Jan 2009

La Malinche : ¿ VindicacióN Del MéXico Del Siglo Xxi? = La Malinche : Xxi Century Mexico's Vindication?, MaríA Elena Bueno

Master's Theses

No abstract provided.


Event Based Propagation Approach To Constraint Configuration Problems, Rajhdeep Jandir Jan 2009

Event Based Propagation Approach To Constraint Configuration Problems, Rajhdeep Jandir

Master's Theses

No abstract provided.


Landmarks, Shannon Bowman-Sarkisian Jan 2009

Landmarks, Shannon Bowman-Sarkisian

Master's Theses

No abstract provided.


Effects Of Prescribed Burning On Composition Of Serpentine Grassland Vegetation, Debra Thornley Welch Jan 2009

Effects Of Prescribed Burning On Composition Of Serpentine Grassland Vegetation, Debra Thornley Welch

Master's Theses

No abstract provided.


The Effects On Small Mammal Abundance After A Wildfire In The Warner Mountains, Jesse Rose West Jan 2009

The Effects On Small Mammal Abundance After A Wildfire In The Warner Mountains, Jesse Rose West

Master's Theses

No abstract provided.


Highly Identified Females Athletes' Retirement From Collegiate Sport, Christy Taylor Richardson Jan 2009

Highly Identified Females Athletes' Retirement From Collegiate Sport, Christy Taylor Richardson

Master's Theses

No abstract provided.


Everything We Call Ordinary, Mark Heinlein Jan 2009

Everything We Call Ordinary, Mark Heinlein

Master's Theses

No abstract provided.


Gender, Status And Shellfish In Precontact Hawaii, Robin Helene Connors Jan 2009

Gender, Status And Shellfish In Precontact Hawaii, Robin Helene Connors

Master's Theses

No abstract provided.


Uses And Gratifications Of The Food Network, Cori Lynn Hemmah Jan 2009

Uses And Gratifications Of The Food Network, Cori Lynn Hemmah

Master's Theses

No abstract provided.