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2010

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Notes From The New World: The Future Of The Internet, Editors' Foreword Jan 2010

Notes From The New World: The Future Of The Internet, Editors' Foreword

Fordham Law Review

No abstract provided.


The Theory Of Generativity, David G. Post Jan 2010

The Theory Of Generativity, David G. Post

Fordham Law Review

No abstract provided.


The Fourth Quadrant, Jonathan Zittrain Jan 2010

The Fourth Quadrant, Jonathan Zittrain

Fordham Law Review

No abstract provided.


The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer Jan 2010

The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer

Fordham Law Review

No abstract provided.


Dna And Due Process, Brandon L. Garrett Jan 2010

Dna And Due Process, Brandon L. Garrett

Fordham Law Review

The U.S. Supreme Court in District Attorney’s Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not “constitutionalize the issue” by announcing an unqualified freestanding right, Chief Justice Roberts’s majority opinion proceeded to carefully fashion an important, …


Baseless Pleas: A Mockery Of Justice, Mari Byrne Jan 2010

Baseless Pleas: A Mockery Of Justice, Mari Byrne

Fordham Law Review

This Note addresses the ethicality of the baseless plea, a guilty plea entered by a defendant for a crime that everyone in the courtroom—judge, prosecutor, defense attorney, and defendant—knows the defendant did not commit. Used in the interest of efficiency and leniency, the baseless plea allows a defendant to plead guilty to a crime that has no basis in the facts of the case. Though used by courts in numerous jurisdictions, baseless pleas have been largely unaddressed as courts have sought to conceal the practice and as commentators have therefore failed to detect it. This Note seeks to remedy that …


Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill Jan 2010

Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill

Fordham Law Review

This Note explores the question of whether to address the environmental impacts of a potential terrorist attack on a nuclear power plant under the National Environmental Policy Act (NEPA). The Nuclear Regulatory Commission (NRC) and the U.S. Court of Appeals for the Third Circuit assert that the risk of terrorism is unquantifiable and too remote to warrant consideration under NEPA. In contrast, the U.S. Court of Appeals for the Ninth Circuit concludes that the risk is foreseeable enough that it cannot be disregarded as a matter of law and that a qualitative discussion of a range of potential impacts is …


Behind The Music: Determining The Relevant Constitutional Standard For Statutory Damages In Copyright Infringement Suits, Colin Morrissey Jan 2010

Behind The Music: Determining The Relevant Constitutional Standard For Statutory Damages In Copyright Infringement Suits, Colin Morrissey

Fordham Law Review

Record labels have brought thousands of copyright infringement lawsuits against individuals engaged in the online downloading and distribution of music. As these lawsuits work their way through the court system, a debate has emerged over the constitutionality of the large statutory damage awards some juries have awarded. In arguing that the copyright statute results in unconstitutional damage awards, commentators as well as defendants accused of copyright infringement contend that courts should apply the rigorous standard of review for punitive damages that the U.S. Supreme Court adopted in BMW of North America v. Gore to find large statutory damage awards unconstitutional. …


Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben Jan 2010

Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben

Fordham Law Review

This Note explores the conflict among the federal circuit courts as to whether a judge or jury should decide if the language contained in a collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some circuits, such as the Second and Ninth Circuits, hold that this issue is a question of law, appropriate for the judge to decide. In contrast, the Seventh Circuit finds this to be a question of fact, and requires the plaintiff to submit extrinsic evidence in the form of professional surveys in order to reach …


Impact Of Workplace Based Assessment On Doctors' Education And Performance: A Systematic Review., A Miller, J Archer Jan 2010

Impact Of Workplace Based Assessment On Doctors' Education And Performance: A Systematic Review., A Miller, J Archer

Peninsula Medical School

To investigate the literature for evidence that workplace based assessment affects doctors' education and performance.


The Experience Of Students Who Identify As Jewish And Greek : Influences On Spiritual Development, Alexandra D. Froehlich Jan 2010

The Experience Of Students Who Identify As Jewish And Greek : Influences On Spiritual Development, Alexandra D. Froehlich

University of the Pacific Theses and Dissertations

Seven percent of the national four year college population is involved in Greek Life (Microsoft Encarta Online Encyclopedia, 2008, ~5) with over sixty percent on some campuses (Finkel, 201 0). An often unexamined aspect of collegiate learning pertaining to this context is students' spiritual development, yet this is a vital part of a student's life throughout college and critical to whole student learning (Love & Talbot, 2005). Students report a high level of interest in spiritual activities while struggling with existential questions on a regular basis (Higher Education Research Institute, 2003). Most social fraternities and sororities embrace Christian ideals, making …


Physical Activity As A Treatment For Depression: The Tread Randomised Trial Protocol, Helen Baxter, Rachel Winder, Melanie Chalder, Christine Wright, Sofie Sherlock, Anne Haase, Nicola J. Wiles, Alan A. Montgomery, Adrian H. Taylor, Ken R. Fox, Debbie A. Lawlor, Tim J. Peters, Deborah J. Sharp, John Campbell, Glyn Lewis Jan 2010

Physical Activity As A Treatment For Depression: The Tread Randomised Trial Protocol, Helen Baxter, Rachel Winder, Melanie Chalder, Christine Wright, Sofie Sherlock, Anne Haase, Nicola J. Wiles, Alan A. Montgomery, Adrian H. Taylor, Ken R. Fox, Debbie A. Lawlor, Tim J. Peters, Deborah J. Sharp, John Campbell, Glyn Lewis

Peninsula Medical School

No abstract provided.


Events With An Isolated Lepton And Missing Transverse Momentum And Measurement Of W Production At Hera, F. D. Aaron, H. Abramowicz, I. Abt, L. Adamczyk, M. Adamus, M. Aldaya Martin, C. Alexa, V. Andreev, S. Antonelli, P. Antonioli, A. Antonov, B. Antunovic, M. Arneodo, V. Aushev, O. Bachynska, S. Backovic, A. Baghdasaryan, A. Bamberger, A. N. Barakbaev, G. Barbagli, G. Bari, F. Barreiro, E. Barrelet, W. Bartel, D. Bartsch, M. Basile, K. Begzsuren, O. Behnke, J. Behr, U. Behrens, L. Bellagamba, Margarita C. K. Mattingly Jan 2010

Events With An Isolated Lepton And Missing Transverse Momentum And Measurement Of W Production At Hera, F. D. Aaron, H. Abramowicz, I. Abt, L. Adamczyk, M. Adamus, M. Aldaya Martin, C. Alexa, V. Andreev, S. Antonelli, P. Antonioli, A. Antonov, B. Antunovic, M. Arneodo, V. Aushev, O. Bachynska, S. Backovic, A. Baghdasaryan, A. Bamberger, A. N. Barakbaev, G. Barbagli, G. Bari, F. Barreiro, E. Barrelet, W. Bartel, D. Bartsch, M. Basile, K. Begzsuren, O. Behnke, J. Behr, U. Behrens, L. Bellagamba, Margarita C. K. Mattingly

Faculty Publications

A search for events containing an isolated electron or muon and missing transverse momentum produced in e±p collisions is performed with the H1 and ZEUS detectors at HERA. The data were taken in the period 1994-2007 and correspond to an integrated luminosity of 0.98 fb-1. The observed event yields are in good overall agreement with the Standard Model prediction, which is dominated by single W production. In the e+p data, at large hadronic transverse momentum PTX < 25GeV, a total of 23 events are observed compared to a prediction of 14.0 ±1.9. The total single W boson production cross section is measured as 1.06 ± 0.16 (stat.) ± 0.07 (sys.) pb, in agreement with an Standard Model (SM) expectation of 1.26 ± 0.19 pb.


Scaled Momentum Spectra In Deep Inelastic Scattering At Hera, H. Abramowicz, I. Abt, L. Adamczyk, M. Adamus, S. Antonelli, P. Antonioli, A. Antonov, M. Arneodo, V. Aushev, Y. Aushev, O. Bachynska, A. Bamberger, A. N. Barakbaev, G. Barbagli, G. Bari, F. Barreiro, D. Bartsch, M. Basile, O. Behnke, J. Behr, U. Behrens, L. Bellagamba, A. Bertolin, S. Bhadra, M. Bindi, C. Blohm, T. Bołd, G. Boos, M. Borodin, K. Borras, D. Boscherini, Margarita C. K. Mattingly Jan 2010

Scaled Momentum Spectra In Deep Inelastic Scattering At Hera, H. Abramowicz, I. Abt, L. Adamczyk, M. Adamus, S. Antonelli, P. Antonioli, A. Antonov, M. Arneodo, V. Aushev, Y. Aushev, O. Bachynska, A. Bamberger, A. N. Barakbaev, G. Barbagli, G. Bari, F. Barreiro, D. Bartsch, M. Basile, O. Behnke, J. Behr, U. Behrens, L. Bellagamba, A. Bertolin, S. Bhadra, M. Bindi, C. Blohm, T. Bołd, G. Boos, M. Borodin, K. Borras, D. Boscherini, Margarita C. K. Mattingly

Faculty Publications

Charged particle production has been studied in neutral current deep inelastic ep scattering with the ZEUS detector at HERA using an integrated luminosity of 0.44 fb?1. Distributions of scaled momenta in the Breit frame are presented for particles in the current fragmentation region. The evolution of these spectra with the photon virtuality, Q2, is described in the kinematic region 10 < Q2< 41000Ge V2. Next-to-leading-order and modified leading-log-approximation QCD calculations as well as predictions from Monte Carlo models are compared to the data. The results are also compared to e+e? annihilation data. The dependences of the pseudorapidity distribution of the particles on Q2 and on the energy in the p system, W, are presented and interpreted in the context of the hypothesis of limiting fragmentation.


Madaba Plains Project-Tall Jalul 2009, Paul Z. Gregor, Constance E. Gane, Randall Younker, Paul Ray, Karen Borstad, Theodore W. Burgh, Roy Gane, Jennifer Groves, Reem Al Shquor Jan 2010

Madaba Plains Project-Tall Jalul 2009, Paul Z. Gregor, Constance E. Gane, Randall Younker, Paul Ray, Karen Borstad, Theodore W. Burgh, Roy Gane, Jennifer Groves, Reem Al Shquor

Faculty Publications

No abstract provided.


2009 Season At Tall Jalul, Jordan, Randall W. Younker, Constance E. Gane Jan 2010

2009 Season At Tall Jalul, Jordan, Randall W. Younker, Constance E. Gane

Faculty Publications

No abstract provided.


Enhancing Collaborative Problem Solving In Distance Education Courses Using Web-Based Concept Mapping, Ludmila Ortegano-Layne, Charlotte Nirmalani Gunawardena, Carrie Main Jan 2010

Enhancing Collaborative Problem Solving In Distance Education Courses Using Web-Based Concept Mapping, Ludmila Ortegano-Layne, Charlotte Nirmalani Gunawardena, Carrie Main

University Libraries & Learning Sciences Faculty and Staff Publications

The purpose of this study is to investigate the use of web-based concept maps as a communications and problem-solving tool in an online graduate level course. The study used an exploratory-descriptive research design that applied a qualitative methods approach in order to explore how concept maps foster collaborative problem-solving activities in an online learning environment. Three of the five groups participating in the study effectively used concept mapping, which they combined with other communication strategies such as eliciting group suggestions, asking questions, and brainstorming ideas, to reach consensus and solve the CBR project required. These results indicate that concept maps …


Background On The Aicpa/Nasba Uniform Accountancy Act-What Does It Mean?, American Institute Of Certified Public Accountants (Aicpa) Jan 2010

Background On The Aicpa/Nasba Uniform Accountancy Act-What Does It Mean?, American Institute Of Certified Public Accountants (Aicpa)

Association Sections, Divisions, Boards, Teams

No abstract provided.


Proposed Revisions To Aicpa/Nasba Uniform Accountancy Act And Nasba Uniform Accountancy Act Rules, Section 3 And Article 14; Exposure Draft (American Institute Of Certified Public Accountants), 2010, December, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy Jan 2010

Proposed Revisions To Aicpa/Nasba Uniform Accountancy Act And Nasba Uniform Accountancy Act Rules, Section 3 And Article 14; Exposure Draft (American Institute Of Certified Public Accountants), 2010, December, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.


Modern Seawater Acidification: The Response Of Foraminifera To High-Co2 Conditions In The Mediterranean Sea, B. B. Dias, M. B. Hart, C. W. Smart, J. M. Hall-Spencer Jan 2010

Modern Seawater Acidification: The Response Of Foraminifera To High-Co2 Conditions In The Mediterranean Sea, B. B. Dias, M. B. Hart, C. W. Smart, J. M. Hall-Spencer

School of Geography, Earth and Environmental Sciences

No abstract provided.


Stability, Creation And Annihilation Of Charges In Gauge Theories, Anton Ilderton, Martin Lavelle, David Mcmullan Jan 2010

Stability, Creation And Annihilation Of Charges In Gauge Theories, Anton Ilderton, Martin Lavelle, David Mcmullan

School of Engineering, Computing and Mathematics

We show how to construct physical, minimal energy states for systems of static and moving charges. These states are manifestly gauge invariant. For charge–anticharge systems we also construct states in which the gauge fields are restricted to a finite volume around the location of the matter fields. Although this is an excited state, it is not singular, unlike all previous finite volume descriptions. We use our states to model the processes of pair creation and annihilation.


The Transition From Medical Student To Junior Doctor: Today's Experiences Of Tomorrow's Doctors., Nicola Brennan, Oonagh Corrigan, Jon Allard, Julian Archer, Rebecca Barnes, Alan Bleakley, Tracey Collett, Bere Sr De Jan 2010

The Transition From Medical Student To Junior Doctor: Today's Experiences Of Tomorrow's Doctors., Nicola Brennan, Oonagh Corrigan, Jon Allard, Julian Archer, Rebecca Barnes, Alan Bleakley, Tracey Collett, Bere Sr De

Peninsula Medical School

CONTEXT Medical education in the UK has recently undergone radical reform. Tomorrow's Doctors has prescribed undergraduate curriculum change and the Foundation Programme has overhauled postgraduate education. OBJECTIVES This study explored the experiences of junior doctors during their first year of clinical practice. In particular, the study sought to gain an understanding of how junior doctors experienced the transition from the role of student to that of practising doctor and how well their medical school education had prepared them for this. METHODS The study used qualitative methods comprising of semi-structured interviews and audio diary recordings with newly qualified doctors based at …


Behavioral Correlations Across Activity, Mating, Exploration, Aggression, And Antipredator Contexts In The European House Cricket, Acheta Domesticus, Alexander D.M. Wilson, Emily M. Whattam, Rachel Bennett, Laksanavadee Visanuvimol, Chris Lauzon, Susan M. Bertram Jan 2010

Behavioral Correlations Across Activity, Mating, Exploration, Aggression, And Antipredator Contexts In The European House Cricket, Acheta Domesticus, Alexander D.M. Wilson, Emily M. Whattam, Rachel Bennett, Laksanavadee Visanuvimol, Chris Lauzon, Susan M. Bertram

School of Biological and Marine Sciences

No abstract provided.


Boldness And Intermittent Locomotion In The Bluegill Sunfish, Lepomis Macrochirus, Alexander D.M. Wilson, Jean Guy J. Godin Jan 2010

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

School of Biological and Marine Sciences

No abstract provided.


Bite Size Oral Health Promotion., Robert Witton Jan 2010

Bite Size Oral Health Promotion., Robert Witton

Peninsula Dental School

UNLABELLED: Improving health is part of the Government's wider public health agenda and central to this theme is the requirement to help patients make informed healthy choices. The aim of the article is to review the basis of oral health promotion in primary dental care, explain why it is necessary and to give some practical tips on behaviour change in practice. CLINICAL RELEVANCE: Understanding and relating well to your patients can make oral health promotion more successful, with communication skills being paramount in achieving this goal, along with the creation of a supportive health-orientated practice environment.


Cannabinoids Are Neuroprotective In A Human Cell Culture Model Of Parkinson's Disease, Cb Carroll, Ml Zeissler, V Stone, Co Hanemann, Jp Zajicek Jan 2010

Cannabinoids Are Neuroprotective In A Human Cell Culture Model Of Parkinson's Disease, Cb Carroll, Ml Zeissler, V Stone, Co Hanemann, Jp Zajicek

Peninsula Medical School

No abstract provided.


Neuronal Network Pharmacodynamics Of Gabaergic Modulation In The Human Cortex Determined Using Pharmaco-Magnetoencephalography., Stephen D. Hall, Gareth R. Barnes, Paul L. Furlong, Stefano Seri, Arjan Hillebrand Jan 2010

Neuronal Network Pharmacodynamics Of Gabaergic Modulation In The Human Cortex Determined Using Pharmaco-Magnetoencephalography., Stephen D. Hall, Gareth R. Barnes, Paul L. Furlong, Stefano Seri, Arjan Hillebrand

School of Psychology

Neuronal network oscillations are a unifying phenomenon in neuroscience research, with comparable measurements across scales and species. Cortical oscillations are of central importance in the characterization of neuronal network function in health and disease and are influential in effective drug development. Whilst animal in vitro and in vivo electrophysiology is able to characterize pharmacologically induced modulations in neuronal activity, present human counterparts have spatial and temporal limitations. Consequently, the potential applications for a human equivalent are extensive. Here, we demonstrate a novel implementation of contemporary neuroimaging methods called pharmaco-magnetoencephalography. This approach determines the spatial profile of neuronal network oscillatory power …


Peatland Restoration. Report To Iucn Uk Peatland Programme., Paul Lunt, T Allott, P Anderson, M Buckler, A Coupar, P Jones, J Labadz, P Worrall Jan 2010

Peatland Restoration. Report To Iucn Uk Peatland Programme., Paul Lunt, T Allott, P Anderson, M Buckler, A Coupar, P Jones, J Labadz, P Worrall

School of Geography, Earth and Environmental Sciences

The focus of this review paper is on peatland restoration, in particular what are the policies,present drivers and examples of best practice within the UK. The aim is to review opportunitiesand constraints to peatland restoration and make recommendations which could be used toinform future policy.Peatlands are wetlands in which restoration typically has three main aims. Firstly, to managevegetation more effectively to restore sites and their conservation features to favourablecondition; secondly, where feasible, to restore peat formation; and finally appropriatemanagement of water (chiefly peat wetness, but also water quality, runoff volume and timing)Vegetation management occurs on a continuum from the vegetation …


Pyrosequencing Of Mytilus Galloprovincialis Cdnas: Tissue-Specific Expression Patterns, Ja Craft, Ja Gilbert, B Temperton, Ke Dempsey, K Ashelford, B Tiwari, Th Hutchinson, Jk Chipman Jan 2010

Pyrosequencing Of Mytilus Galloprovincialis Cdnas: Tissue-Specific Expression Patterns, Ja Craft, Ja Gilbert, B Temperton, Ke Dempsey, K Ashelford, B Tiwari, Th Hutchinson, Jk Chipman

School of Geography, Earth and Environmental Sciences

No abstract provided.


Risk, Rescue And Emergency Services: The Changing Spatialities Of Mountain Rescue Teams In England And Wales, Richard Yarwood Jan 2010

Risk, Rescue And Emergency Services: The Changing Spatialities Of Mountain Rescue Teams In England And Wales, Richard Yarwood

School of Geography, Earth and Environmental Sciences

No abstract provided.