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2011

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Articles 62401 - 62410 of 62410

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Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman Jan 2011

Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman

Articles

Declaring a “war against terror,” the United States has detained foreign nationals suspected of terrorist activities and has interrogated them at various locations outside the United States. As the United States seeks to bring charges against the detainees, serious questions have arisen regarding the interrogation methods used to obtain evidence. Federal laws enacted to meet the United States' obligations under treaties prohibit the use of evidence obtained through torture or through cruel, inhuman, or degrading treatment. What legal standards should be applied to determine whether interrogation methods or conditions of confinement constitute torture or cruel, inhuman, or degrading treatment? Is …

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Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz Jan 2011

Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz

Articles

This Article explores the role that “regulatory contrarians” can play in promoting more adaptive financial regulation. Such contrarians have several distinguishing features. First, they possess persuasive authority by virtue of their position, access to media and officials, or speaking engagements and reports. Second, they are affiliated with, and enjoy privileged access to, a regulatory entity but are nonetheless independent, as reflected in their budget, staffing, and/or priorities. Finally, they are tasked with studying the regulatory process, policy positions, and the regulated market and in some way reporting on deficiencies and potential improvements. The Article argues that regulatory contrarians can modestly …

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Compromised Fiduciaries: Conflicts Of Interest In Government And Business, Claire Hill, Richard W. Painter Jan 2011

Compromised Fiduciaries: Conflicts Of Interest In Government And Business, Claire Hill, Richard W. Painter

Articles

In the present financial crisis, the government has become extensively involved in managing companies, at times undertaking massive bailouts. The results of government involvement in business are at best mixed. Moreover, its involvement has generated significant criticism. But government involvement in managing companies is sometimes inevitable. It is therefore important to consider how it can be improved. One critical reason why government might perform poorly is conflicts of interest. Given the conflicts that arise at multiple levels of decisionmaking in both government and private companies, it should not be surprising that government management of companies is often problematic. In both …

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Radbruch's Formula And Conceptual Analysis, Brian Bix Jan 2011

Radbruch's Formula And Conceptual Analysis, Brian Bix

Articles

Gustav Radbruch, in well-known work that appeared just after World War II, put forward a formula that stated that state-promulgated rules that are sufficiently unjust lose their status as valid law. Radbruch’s Formula has generally been understood as a claim about the nature of law, and recent variations of Radbruch’s Formula, like Robert Alexy’s “claim to correctness,” have similarly been characterized as offering a truth about the nature of law. Additionally, both Radbruch’s and Alexy’s theories have been presented as criticisms of, and alternatives to, legal positivism. An alternative understanding of the Formula (and its modern variations) is as (mere) …

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Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox Jan 2011

Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox

Articles

Property Assessed Clean Energy (“PACE”) is a method of public financing for energy improvements through special assessments on local government property taxes. Interest in PACE exploded from its origination in 2008, with almost half the states rapidly enacted legislation enabling local governments to use their property collection power for this purpose. The growth in PACE is now suspended, and existing programs have been put on hold, in the face of opposition from the federal secondary mortgage market regulators. Governments and environmental advocates supporting PACE have initiated litigation against the federal regulators and are seeking passage of federal legislation to revive …

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Study Of Turbulence-Chemistry Interaction In Hypersonic Turbulent Boundary Layers, Lian Duan, M. Pino Martín Jan 2011

Study Of Turbulence-Chemistry Interaction In Hypersonic Turbulent Boundary Layers, Lian Duan, M. Pino Martín

Mechanical and Aerospace Engineering Faculty Research & Creative Works

Studies of the turbulence-chemistry interaction (TCI) are performed in hypersonic turbulent boundary layers using direct numerical simulation (DNS) flow fields under typical hypersonic conditions representative of blunt-body and slender-body hypersonic vehicles, with super catalytic and noncatalytic wall conditions in pure air. Nondimensional governing parameters, 'interaction' Damk̈ohler number and relative heat release, are proposed to measure the influence of TCI on flow composition and temperature. Both a priori and posteriori studies are performed to assess the effect of TCI on chemical production rates and mean and turbulence flow characteristics. In addition, an effective approach (called PDF-TS) to estimate the intensity of …

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Use Of Bio-Ethanol And Bio-Diesel The Key Solution For A More Sustainable Road Transport, Alberto Boretti Jan 2011

Use Of Bio-Ethanol And Bio-Diesel The Key Solution For A More Sustainable Road Transport, Alberto Boretti

Mechanical and Aerospace Engineering Faculty Research & Creative Works

Life Cycle Analysis (LCA) of alternative transportation fuels clearly shows the advantages of reducing the use of nonrenewable fossil fuels vs. renewable biologic novel fuels to reduce the emissions of carbon dioxide. Being based on the natural recycle of carbon dioxide through the use of renewable energy sources, use of these renewable fuels does not imply depletion of natural resources and is therefore sustainable in the long term. Renewable fuels and advanced internal combustion engines and powertrains are the technologies that in addition to be the most likely to produce benefits in term of carbon balance and fossil fuel saving, …

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Speech Patterns And Styles Of Young Malaysian Metrosexuals., Mohd Khushairi Tohiar Jan 2011

Speech Patterns And Styles Of Young Malaysian Metrosexuals., Mohd Khushairi Tohiar

Student Works (2010-2019)

This case study attempts to examine the styles of language and patterns of speech among young Malaysian men between the ages of mid-twenties to late thirties who live and work in Kuala Lumpur and its surrounding urban areas. The subjects involved in this study are randomly selected using the definition of ‘metrosexual men’ by Simpson (1994). As there have been no studies on metrosexual language, particularly in the Malaysian context, it should be noted that this study is the first to be carried out in the context of Malaysian men. In order to analyse the subjects’ styles of language and …

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Permindahan Leksis Bahasa Inggeris Dalam Cerpen Tamil., Jayanthi Palanandy Jan 2011

Permindahan Leksis Bahasa Inggeris Dalam Cerpen Tamil., Jayanthi Palanandy

Student Works (2010-2019)

This study focuses on the English lexis loans found in the Tamil short stories of Malaysia. The main objective of this study is to examine the extent and the manner in which the English lexis loans occur in the Tamil literature involving short stories of Malaysia. These lexis loans are analyzed on the basis of their categories and the patterns of their formation. Altogether 93 Tamil short stories, published in three Tamil dailies of Malaysia namely, Tamil Nesan, Makkal Osai and Malaysia Nanban, for the period of six months have been selected for analysis. Since the above dailies are the …

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Lexical Stress Placement In Polysyllabic Words In Malaysia English., Jelinda Ye-Na Chin Jan 2011

Lexical Stress Placement In Polysyllabic Words In Malaysia English., Jelinda Ye-Na Chin

Student Works (2010-2019)

Malaysian English is said to be different from British English in terms of stress placement with the tendency for Malaysian English speakers to stress the final syllables of polysyllabic words, such as manfully, whereas in British English, stress placement is on the initial syllable. Two observations led to the investigation of the said cross-varietal difference. Firstly, previous studies have explored stress differences based on auditory impressions, not acoustic evidence (Platt & Weber, 1980; Tongue, 1972). Secondly, the auditory evidence from such previous studies comes from the realisations of test words in phrase-final position or citation form, where phrase-final lengthening is …

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