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2011

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Subsurface Drainage In Clay Soils In A Northern Climate And Its Effects On Various Soybean Cultivars And Soil Properties, Brodshaug Jack Adam Jan 2011

Subsurface Drainage In Clay Soils In A Northern Climate And Its Effects On Various Soybean Cultivars And Soil Properties, Brodshaug Jack Adam

Plant Sciences

The Red River Valley of the North in North Dakota and Minnesota is a region with unique clay soils. Since 1993, the region has seen increased annual rainfall that has caused seasonal soil waterlogging, inhibiting crop yield potential. Prolonged waterlogging may cause debilitating physiological and chemical problems in plants. Subsurface (tile) drainage is relatively new to the region and offers an option farmers are exploring to help reduce excess water in the rootzone. The objective of this research was to identify the effect of subsurface drainage on soybean [Glycine max (L.) Merr.] productivity using various cultivars and to evaluate differences …

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Assessment Of Bacterial Blight Pathogens Prevalent On Dry Bean And Identification Of Sources Of Resistance To Rhizoctonia Root Rot In North Dakota, Chang Yen-Wei Jan 2011

Assessment Of Bacterial Blight Pathogens Prevalent On Dry Bean And Identification Of Sources Of Resistance To Rhizoctonia Root Rot In North Dakota, Chang Yen-Wei

Plant Sciences

Bacterial blights and root rots are two major diseases affecting dry edible bean (Phaseolus vulgaris L.) production in North Dakota and Minnesota (Venette and Lamey 1998). Bacterial blights of dry bean are commonly caused by three bacterial pathogens, namely Pseudomonas syringae pv. phaseolicola (Psp), Pseudomonas syringae pv. syringae (Pss) and Xanthomonas axonopodis pv. phaseoli (Xap), which can appear either together or independently under natural conditions. The bacterial portion of this study involved ascertaining the extent of incidence of bacterial blight in the major dry bean production areas of ND through surveys, determining the prevalence of Psp and Pss and screening …

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The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson Jan 2011

The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson

Articles & Chapters

Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.

The reality of immigration adjudication in the Ninth Circuit is that there are …

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Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker Jan 2011

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …

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The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard Jan 2011

The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard

Articles & Chapters

During 2010 a series of decisions by United States District Court judges appeared to mark a significant breakthrough in the ongoing struggle by sexual minorities in the United States to achieve legal equality through the removal of objectionable laws and policies. Almost as if a dam had broken, there was a sudden rush of developments on three highly contested fronts: (1) the statutory ban on military service by openly gay individuals, (2) the exclusion from federal recognition for lawfully contracted same-sex marriages, and (3) a popularly enacted California state constitutional amendment taking away same-sex marriage rights that had previously been …

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Ask The Professor: “Omg! What Did Mf Global Do?, Ronald Filler Jan 2011

Ask The Professor: “Omg! What Did Mf Global Do?, Ronald Filler

Articles & Chapters

This paper, written one week after MF Global, a large futures brokerage firm filed for bankruptcy, analyzes the bankruptcy, its impact on futures customers and the shortfall in customer funds that occurred on October 31, 2011. Subsequent to MF Global's bankruptcy, several customer protection rules were amended by the U.S. Commodity Futures Trading Commission and the National Futures Association.

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Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman Jan 2011

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman

Articles & Chapters

This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …

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Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold Jan 2011

Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold

Articles & Chapters

For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.

As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …

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Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin Jan 2011

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …

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Miraculous Year 2010 In United States Gay Rights Law: Anomaly Or Tipping Point, The Legal Perspectives On Gender And Sexual Equality: Opinion Article, Arthur S. Leonard Jan 2011

Miraculous Year 2010 In United States Gay Rights Law: Anomaly Or Tipping Point, The Legal Perspectives On Gender And Sexual Equality: Opinion Article, Arthur S. Leonard

Articles & Chapters

No abstract provided.

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Foreword: The Past, Present, And Future Of Juvenile Justice Reform In New York State, Stephen A. Newman Jan 2011

Foreword: The Past, Present, And Future Of Juvenile Justice Reform In New York State, Stephen A. Newman

Articles & Chapters

No abstract provided.

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Beyond Formalist Sovereignty: Who Can Represent We The People Of The United States Today, David Chang Jan 2011

Beyond Formalist Sovereignty: Who Can Represent We The People Of The United States Today, David Chang

Articles & Chapters

No abstract provided.

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Law's Screen Life: Criminal Predators And What To Do About Them : Popular Imperatives From Screen-Based Reality, Richard K. Sherwin Jan 2011

Law's Screen Life: Criminal Predators And What To Do About Them : Popular Imperatives From Screen-Based Reality, Richard K. Sherwin

Articles & Chapters

No abstract provided.

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Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray Jan 2011

Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray

Articles & Chapters

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases. Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government from …

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Racism, Capitalism, And Predatory Lending: How The U.S. Government's Failure To Regulate The Disproportionate Negative Effects Of Payday Lending In Black Communities Violates The International Convention On The Elimination Of All Forms Of Racial Discrimination, Paulina Davis Jan 2011

Racism, Capitalism, And Predatory Lending: How The U.S. Government's Failure To Regulate The Disproportionate Negative Effects Of Payday Lending In Black Communities Violates The International Convention On The Elimination Of All Forms Of Racial Discrimination, Paulina Davis

Articles & Chapters

No abstract provided.

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Defending The F-Word: Freedom!, Nadine Strossen Jan 2011

Defending The F-Word: Freedom!, Nadine Strossen

Articles & Chapters

Chapter 3 in Obscenity and the Limits of Liberalism at 25-49 L. Glass and C.F. Williams, eds, Ohio University Press, 2011

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When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov Jan 2011

When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov

Faculty Articles

"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …

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Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton Jan 2011

Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

Faculty Articles

No abstract provided.

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Florida Institute Of Technology Catalog 2012-2013, Florida Institute Of Technology Jan 2011

Florida Institute Of Technology Catalog 2012-2013, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2012-2013 academic year.

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The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson Jan 2011

The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson

Faculty Articles

In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …

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The Corporation As Imperfect Society, Brian Mccall Jan 2011

The Corporation As Imperfect Society, Brian Mccall

Faculty Articles

Corporations are ubiquitous in modern society. They pervade every aspect of our life, consumer, professional, investment activity. Probably, people have more contact with corporations on a daily basis than any other institution, including government. From the South Sea Bubble to the Stock market Crash of 1929 to Enron to General Motors and Countrywide Mortgage, corporate scandals and controversies invite fundamental questions about corporate law. This article attempts to bring a fresh perspective to the question: “what is a corporation and how should the law treat it?” The article articulates a corporate metaphysics rooted in political philosophy. The dominant models of …

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Fatigue Testing And Computational Analysis Of A Spinal Implant, Timothy Helton Jan 2011

Fatigue Testing And Computational Analysis Of A Spinal Implant, Timothy Helton

Electronic Theses and Dissertations

The following study investigates the fatigue behavior of a spinal implant developed by Synthes, Inc. to provide stability and off load pressure from the discs in the lumbar region. The installation process for the StenoFix design utilizes plastic deformations to customize the device to each individual patient, but also has potential to degrade fatigue behavior. Physical testing of two titanium alloys, Ti-6Al-7Nb and Ti-15Mo, was conducted on hydraulic test frames and compared to computational simulations which were carried out for the following scenarios: cyclic excitation following plastic deformation; variation of material property definition; variation of loading location; and three modifications …

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Three Essays On Tax Salience: Market Salience And Political Salience, David Gamage, Darien Shanske Jan 2011

Three Essays On Tax Salience: Market Salience And Political Salience, David Gamage, Darien Shanske

Articles by Maurer Faculty

This Article analyzes the literatures on how individuals understand taxation (i.e., tax salience). We evaluate how taxpayers respond to different presentations of tax prices both in their roles as market participants and as voters. We aim to combat naïve notions about tax salience that currently exert a pernicious influence on tax lawmaking. In particular, we argue that it is normatively desirable for governments to reduce tax salience with respect to market decision making, and that there is nothing objectionable about governments reducing tax salience with respect to political decision making.

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On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske Jan 2011

On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities …

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Single-Cycle Terahertz Pulses With >0.2 V/Å Field Amplitudes Via Coherent Transition Radiation, Dan Daranciang, John Goodfellow, Matthias Fuchs, Haidan Wen, Shambhu Ghimire, David A. Reis, Henrik Loos, Alan Fisher, Aaron Lindenberg Jan 2011

Single-Cycle Terahertz Pulses With >0.2 V/Å Field Amplitudes Via Coherent Transition Radiation, Dan Daranciang, John Goodfellow, Matthias Fuchs, Haidan Wen, Shambhu Ghimire, David A. Reis, Henrik Loos, Alan Fisher, Aaron Lindenberg

Matthias Fuchs Publications

We demonstrate terahertz pulses with field amplitudes exceeding 0.2 V/Å generated by coherent transition radiation. Femtosecond, relativistic electron bunches generated at the Linac Coherent Light Source are passed through a beryllium foil, and the emitted radiation is characterized as a function of the bunch duration and charge. Broadband pulses centered at a frequency of 10 THz with energies of 140 µJ are measured. These far-below- band gap pulses drive a nonlinear optical response in a silicon photodiode, with which we perform nonlinear autocorrelations that yield information regarding the terahertz temporal profile.

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Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra Jan 2011

Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

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Developments In The Laws Governing Electronic Payments, Sarah Jane Hughes Jan 2011

Developments In The Laws Governing Electronic Payments, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

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Moving Forward Together, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson Jan 2011

Moving Forward Together, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

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Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson Jan 2011

Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

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Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King Jan 2011

Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

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