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2010

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Colorado Residentail Property Owners And Their Cloudy Right To Precipitation Capture, Ryan S. Hansen Dec 2010

Colorado Residentail Property Owners And Their Cloudy Right To Precipitation Capture, Ryan S. Hansen

Tulsa Law Review

No abstract provided.


Volume 30, Number 4, December 2010, Kate James, Nathan Putnam, Jan Mayo, Barbara Vaughan, Katie Eller, Jay Weitz Dec 2010

Volume 30, Number 4, December 2010, Kate James, Nathan Putnam, Jan Mayo, Barbara Vaughan, Katie Eller, Jay Weitz

OLAC Newsletters

Digitized December 2010 issue of the OLAC Newsletter.


Note – The Un-Creation Of Rights: An Argument Against Administrative Disclaimers, Josephine K. Mason Dec 2010

Note – The Un-Creation Of Rights: An Argument Against Administrative Disclaimers, Josephine K. Mason

UC Law Journal

Boilerplate disclaimers appear with some frequency in administrative regulations, yet there has been a striking absence of discussion as to their validity. This Note argues that administrative disclaimers threaten two key constitutional concerns inherent in administrative law—proper government structure and fairness to individuals—and that courts should therefore approach administrative disclaimers with a high degree of skepticism.


Succession Of Cavity Use In A Fragmented Landscape In Northwest Tennessee, H. Dawn Wilkins, Cheryl L. Sesler Dec 2010

Succession Of Cavity Use In A Fragmented Landscape In Northwest Tennessee, H. Dawn Wilkins, Cheryl L. Sesler

The Migrant - Tennessee Ornithological Society

No abstract provided.


T.O.S. Fall Symposium 2010, T. David Pitts Dec 2010

T.O.S. Fall Symposium 2010, T. David Pitts

The Migrant - Tennessee Ornithological Society

No abstract provided.


Front Matter, Tennessee Ornithological Society Dec 2010

Front Matter, Tennessee Ornithological Society

The Migrant - Tennessee Ornithological Society

No abstract provided.


Northern Flicker Nesting Attempt In The Ground, Ronald D. Hoff, Dollyann Myers Dec 2010

Northern Flicker Nesting Attempt In The Ground, Ronald D. Hoff, Dollyann Myers

The Migrant - Tennessee Ornithological Society

No abstract provided.


2010 Tennessee Fall Bird Counts, Ron Hoff Dec 2010

2010 Tennessee Fall Bird Counts, Ron Hoff

The Migrant - Tennessee Ornithological Society

No abstract provided.


Contents, Tennessee Ornithological Society Dec 2010

Contents, Tennessee Ornithological Society

The Migrant - Tennessee Ornithological Society

No abstract provided.


The Fall Season, Richard L. Knight, Dick D. Preston, Phillip D. Casteel, Richard P. Lewis Dec 2010

The Fall Season, Richard L. Knight, Dick D. Preston, Phillip D. Casteel, Richard P. Lewis

The Migrant - Tennessee Ornithological Society

No abstract provided.


Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr. Dec 2010

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn Dec 2010

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Teaching, Learning, And Writing In The Third Space: A Study Of Language And Culture Intersecting With Instruction, Susan Toma-Berge Edd Dec 2010

Teaching, Learning, And Writing In The Third Space: A Study Of Language And Culture Intersecting With Instruction, Susan Toma-Berge Edd

Dissertations

The purpose of this dissertation was to compare the characteristics and attributes of an effective first grade teacher of writing to English learners through the lens of the "third space." The "third space" represents a place where sociocultural theory interacts with language and culture, and authentic, integrated literacy instruction. Because there is no empirical evidence to support the theory of the "third space" the observation and interview data were analyzed using literature that draws on three areas of study: English learners, first grade literacy, and urban schools. The key findings from this study produced three themes that came about by …


Editors’ Introduction, Nicholas Robins Dec 2010

Editors’ Introduction, Nicholas Robins

Genocide Studies and Prevention: An International Journal

No abstract provided.


An Analysis Of Perspectives On The Office Of The Special Adviser On The Prevention Of Genocide, Aidan Hehir Dec 2010

An Analysis Of Perspectives On The Office Of The Special Adviser On The Prevention Of Genocide, Aidan Hehir

Genocide Studies and Prevention: An International Journal

In April 2004, on the tenth anniversary of the Rwandan Genocide, the UN secretary- general established the Office of the Special Adviser on the Prevention of Genocide (OSAPG). While the OSAPG has been hailed in some quarters as major institu- tional reform of significant importance, there has been no focused academic analysis of its mandate and work to date. This article addresses this gap and is based on a series interviews conducted with prominent members of the OSAPG itself and experts in the field of human rights. The article analyzes the differing perspectives on the OSAPG and identifies the major …


Reconciliation And Justice After Genocide: A Theoretical Exploration, Geneviève Parent Dec 2010

Reconciliation And Justice After Genocide: A Theoretical Exploration, Geneviève Parent

Genocide Studies and Prevention: An International Journal

This article argues that the post-conflict reconciliation process is undermined by the importance given to the retributive form of justice dominating peacebuild- ing and transitional justice measures. Retributive justice reinforces the division between perpetrator and victim, thus undermining the reconciliation process between antagonistic parties. The so-called objective categories of perpetrator and victim, so crucial for the administration and management of most peacebuilding measures, underestimate the individual and collective psychological dimension and intersub- jective effects that these categories have upon the healing and reconciliation pro- cesses. The significance of the psychological dimension of reconciliation suggests a restorative justice approach that emphasizes …


Dilemmas Of Teaching The “Greatest Silence”: Rape-As-Genocide In Rwanda, Darfur, And Congo, Kimberly A. Ducey Dec 2010

Dilemmas Of Teaching The “Greatest Silence”: Rape-As-Genocide In Rwanda, Darfur, And Congo, Kimberly A. Ducey

Genocide Studies and Prevention: An International Journal

The author describes the dilemmas of teaching about rape-as-genocide, focusing on Rwanda, Darfur, and Congo. While theoretically and methodologically sophis- ticated academic writings are a crucial part of the pedagogical approach described here, the author’s focus is on the dilemmas associated with using testimonials and memoirs, documentaries, and commentaries. It is argued that such discourse helps make the subject matter more accessible to undergraduates. One of the key issues that arises from this discussion is students’ preference for first-hand accounts. Excerpts from the students’ writing dispersed throughout the article provide an essential and frank assessment of the importance of the …


The Armenian Genocide Of 1915 From A Neutral Small State's Perspective: Sweden, Vahagn Avedian Dec 2010

The Armenian Genocide Of 1915 From A Neutral Small State's Perspective: Sweden, Vahagn Avedian

Genocide Studies and Prevention: An International Journal

This study depicts how the Armenian massacres in the Ottoman Empire during World War I were perceived by a neutral small state, namely, Sweden. The Swedish knowledge should be of special interest since, as a neutral state during the entire conflict, Sweden had no immediate involvement or interest in the ongoing conflict; thus, any reporting about the events would have been untainted compared to that of the Entente or Turkey’s allies. The information at hand is also essential to an understanding of the subsequent Swedish reaction. However, surveying the full amount of information needed for comprehensively understand- ing and analyzing …


Author Biographies Dec 2010

Author Biographies

Genocide Studies and Prevention: An International Journal

No abstract provided.


A Brief History And Research Of The Supernova Remnant Cassiopeia A, Michelle Wilbur Dec 2010

A Brief History And Research Of The Supernova Remnant Cassiopeia A, Michelle Wilbur

Physics

No abstract provided.


Bovine Colostrum, Mary Hayes Dec 2010

Bovine Colostrum, Mary Hayes

All Theses

Colostrum is the first milk produced by mammals within a 24 to 72 hour period after parturition. Bovine colostrum is sold commercially as a nutraceutical product and its manufacturers purport numerous health benefits of the product for treating gastrointestinal disorders, respiratory tract disorders, viral and bacterial infections, and promoting tissue repair.
Four commercially available colostrum products, two whey, and one non-fat dry milk were obtained on separate days. These products were analyzed for fat, protein, ash, moisture and dry matter content. One colostrum product did not adhere to label claims in that it contained a mean of 19.1% fat whereas …


Financial Stability Report No. 1, December 2010, Bank Of Italy Dec 2010

Financial Stability Report No. 1, December 2010, Bank Of Italy

Documents

No abstract provided.


One White Counselor Educator’S Process Of Racial Reeducation, Mary Fawcett Dec 2010

One White Counselor Educator’S Process Of Racial Reeducation, Mary Fawcett

Michigan Journal of Counseling: Research, Theory and Practice

Counselor educators introduce racial/cultural identity models in order for students to examine their own racial identity and learn the value of identifying the stage of racial/cultural identity development of their clients. While there is an abundance of literature about the multicultural training of White students, there is very little on training experiences of White counselor educators. It is by focusing on the competency training of White counselor educators that we can determine the cultural competence of trainees. I am a White woman that was raised in a racist community in the 1970’s and trained as licensed professional counselor during the …


Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff Dec 2010

Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff

Mercer Law Review

This survey year, from June 1, 2009 to May 31, 2010, brought significant developments to a broad array of insurance fields. Both the Georgia Supreme Court and the United States Court of Appeals for the Eleventh Circuit held that a cancellation notice for nonpayment of a premium can also contain an offer to reinstate upon payment in the "grace" period. The supreme court has strictly enforced basic concepts of "offer and acceptance" in the context of time-limit policy demands containing less than complete release and indemnity terms, thereby appearing to put insurers in "catch 22" situations with their insureds. A …


Equitable Uniformity: Finding A Workable Solution To The (Non)Application Of Issue Preclusion To Patent Claim Construction, Daniel R. Rose Dec 2010

Equitable Uniformity: Finding A Workable Solution To The (Non)Application Of Issue Preclusion To Patent Claim Construction, Daniel R. Rose

North Carolina Law Review

No abstract provided.


Simplifying The Analysis: The Second Circuit Lays Out A Straightforward Theory Of Fraud In Sec V. Dorozhko, Sean F. Doyle Dec 2010

Simplifying The Analysis: The Second Circuit Lays Out A Straightforward Theory Of Fraud In Sec V. Dorozhko, Sean F. Doyle

North Carolina Law Review

No abstract provided.


Framing Franchise Antitrust Litigation: The Legacy Of Kodak And Queen City Pizza, Randy D. Gordon Dec 2010

Framing Franchise Antitrust Litigation: The Legacy Of Kodak And Queen City Pizza, Randy D. Gordon

Faculty Scholarship

A decade ago, many antitrust commentators were predicting a “revival” of franchise antitrust claims flowing in the wake of Eastman Kodak Co. v. Image Technical Services, Inc. The thinking was that Kodak’s recognition of a claim for monopolization of an “aftermarket” for parts and services separate from each other and from a primary product might be extended to cover franchise relationships in which the franchisee is required to purchase fungible products from its franchisor, even though those products could be purchased elsewhere on more favorable terms. Fairly quickly, though, the Third Circuit decided Queen City Pizza, Inc. v. Domino’s Pizza, …


The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh Dec 2010

The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh

Faculty Scholarship

We live in a coordination economy. As one surveys the myriad challenges of modern social and economic life, an ever increasing proportion is defined not by the need to reconcile competing interests, but by the challenge of getting everyone on the same page. Conflict is not absent in these settings. It is not, however, the determinative factor in shaping our behaviors and resulting interactions. That essential ingredient, instead, is coordination.

Such coordination is commonly understood as the function of the market. As it turns out, however, optimal coordination will not always emerge, as if led “by an invisible hand.” Even …


Coming Down Out Of The Tree: Exploring Memory And Identity In H.D.'S End To Torment, Natalie Mahaffey Dec 2010

Coming Down Out Of The Tree: Exploring Memory And Identity In H.D.'S End To Torment, Natalie Mahaffey

All Theses

This thesis focuses on the text End to Torment: A Memoir of Ezra Pound by H.D., as well as the small collection of poetry entitled 'Hilda's Book' by Ezra Pound, which appears in the back of the memoir. My exploration into these texts consists of the reliability of memory, the role memory plays on identity, and the significance of identity as defined by non-fiction, creative writing. For End to Torment, I focus specifically on H.D.'s approach to memory as defined by her work with Dr. Sigmund Freud, as well as the impact this approach has on the presentation of Pound's …


Assessment And Analysis Of Emotional Intelligence In Engineering Students, Xiaodan Zhou Dec 2010

Assessment And Analysis Of Emotional Intelligence In Engineering Students, Xiaodan Zhou

All Theses

ABSTRACT
Current research on the importance and relevance of the relationship between emotional intelligence and work outcomes has continuously gained momentum since the publication of Daniel Goleman's best seller Emotional Intelligence: Why It Can Matter More Than IQ (Goleman, 1995). Professional expertise is no longer the only standard by which to evaluate graduates. 'Soft skills', like emotional intelligence are viewed as effective ways, to distinguish potential high-performance workers and those who will be 'no more than' a worker. This paper made an attempt to correlate emotional intelligence with academic performance of civil engineering students. The emotional capability of the students …