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2010

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Table Of Contents Jan 2010

Table Of Contents

International Journal of the Linguistic Association of the Southwest

Table of contents, Volume 29, Number 2


New Mexican Spanish: A Brief History Of Time, Space, And Family Values, Garland D. Bills Jan 2010

New Mexican Spanish: A Brief History Of Time, Space, And Family Values, Garland D. Bills

International Journal of the Linguistic Association of the Southwest

2010 Plenary Address


The Influence Of Social And Linguistic Factors On Spanish Dialect Contact In The U.S.: A Look At Mexican And Cuban Spanish In Lansing, Michigan, Gabriel G. Alfaraz Jan 2010

The Influence Of Social And Linguistic Factors On Spanish Dialect Contact In The U.S.: A Look At Mexican And Cuban Spanish In Lansing, Michigan, Gabriel G. Alfaraz

International Journal of the Linguistic Association of the Southwest

An increase in the number of Spanish-speaking Latinos in the U.S. provides opportunities for contact of diverse varieties of Spanish. This paper examines the role of factors including age. education. linguistic network composition, and length of residence in shaping the outcome of contact between groups of Spanish speakers in Lansing. Michigan. A sample of 52 Mexicans and Cubans was used to examine two linguistic variables in spoken data collected in sociolinguistic interviews that included picture-elicitation tasks and grammatical acceptability tasks, following the idea that variation is a reflection of grammaticality (Fasold and Preston 2007), to probe sensitivity to out- and …


Unexpected Case Assignment And Preposition Doubling In Pronoun Coordination In Spanish, Carlos Gonzalex-Vergara, Hernan Labbe G. Jan 2010

Unexpected Case Assignment And Preposition Doubling In Pronoun Coordination In Spanish, Carlos Gonzalex-Vergara, Hernan Labbe G.

International Journal of the Linguistic Association of the Southwest

The following paper is based on the observation of two related phenomena in Spanish. First, when two personal pronouns acting as prepositional objects are coordinated, they are usually constructed by repeating the preposition before each member of the coordination. Secondly, when this does not happen, the second member of the coordination does not appear in oblique case (which would be expected to happen through government), but it appears in nominative case. This can be clearly appreciated in the coordination of pronouns that display morphological case. The purpose of this paper is to explain these phenomena within the Minimalist Program. The …


Las Interrogativas Hendidas En Español: ¿Cómo Es Que Se Usan?, Javier Rivas, Esther Brown Jan 2010

Las Interrogativas Hendidas En Español: ¿Cómo Es Que Se Usan?, Javier Rivas, Esther Brown

International Journal of the Linguistic Association of the Southwest

Resumen: Este trabajo ofrece una aproximación basada en el uso a las construcciones interrogativas hendidas del español, las cuales han recibido muy poca atención en la bibliografía. Utilizando una metodología variacionista. extrajimos 500 construcciones interrogativas parciales directas de un corpus del español conversacional puertorriqueño. Determinamos las características morfosintácticas de dichas construcciones y. basándonos en un análisis de regresión múltiple, mostramos qué factores lingüísticos contribuyen a la aparición de las construcciones interrogativas hendidas en el discurso espontáneo (función pragmática y temporalidad verbal). El análisis del corpus nos permite establecer que las interrogativas hendidas son estructuras marcadas en términos estructurales y textuales. …


The Discourse Of Blogs And Wikis. By Greg Myers, Regina Morin Jan 2010

The Discourse Of Blogs And Wikis. By Greg Myers, Regina Morin

International Journal of the Linguistic Association of the Southwest

Review of The Discourse of Blogs and Wikis. by Greg Myers. London and New York: Continuum International Publishing Group, 2010. Pp. 180.


Introducción A La Lingüística Hispánica. By Hualde, José Ignacio, Michelle F. Ramos-Pellicia Jan 2010

Introducción A La Lingüística Hispánica. By Hualde, José Ignacio, Michelle F. Ramos-Pellicia

International Journal of the Linguistic Association of the Southwest

Review of Introducción a la lingüística hispánica. By Hualde, José Ignacio, Antxon Olarrea, Anna María Escobar and Catherine E. Travis. New York: Cambridge University Press, 2010, 2nd ed. 554. Hardback $80.00.


Research Methods In Linguistics. By Lia Litosseliti, Valerie J. Trujillo Jan 2010

Research Methods In Linguistics. By Lia Litosseliti, Valerie J. Trujillo

International Journal of the Linguistic Association of the Southwest

Review of Research Methods in Linguistics. by Lia Litosseliti. London: Continuum, 2010. Pp. 240. Hardback $120.00.


Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo Jan 2010

Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo

Cleveland State Law Review

In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …


What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl Jan 2010

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes …


Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower Jan 2010

Neither Reasonable Nor Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury , Susan E. Thrower

Cleveland State Law Review

Analyzing the inherent conflict posed by the use of an undefined mandate-“reasonable remedial measures”-leads to analysis of the even deeper, unresolvable conflicts in the primary steps prescribed by commentary: the client's narration of his own story, the lawyer's withdrawal from representation, and the lawyer's disclosure of the client's false evidence. Not all of the reasonable remedial measures protect both the client's confidentiality and the court's insistence on honesty, and none of them protects the lawyer from charges of impropriety. In the face of the utter failure of the Model Rules to accomplish their conflicting goals, the ABA's rules drafters should …


Masthead, Cleveland State Law Review Jan 2010

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Avoiding Misuse Of Donor Advised Funds, Michael J. Hussey Jan 2010

Avoiding Misuse Of Donor Advised Funds, Michael J. Hussey

Cleveland State Law Review

This Article presents a proposal for further modifying donor advised funds to retain most of their hallmark flexibility and ease of use while drawing them into line with other charitable giving vehicles that put contributed funds to use for active charitable purposes. This Article argues that using individual retirement accounts as an underlying legal model for donor advised funds will address Congress's concerns regarding the appropriateness of the income tax deductions for contributions to donor advised funds while allowing donor advised funds to retain much of their hallmark flexibility and ease of operation.


First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch Jan 2010

First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch

Cleveland State Law Review

The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …


Table Of Contents, Journal Of Law And Health Jan 2010

Table Of Contents, Journal Of Law And Health

Journal of Law and Health

No abstract provided.


Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer Jan 2010

Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer

Cleveland State Law Review

This panel discussion concerning bankruptcy and the automobile industry took place in the Joseph W. Bartunek III Moot Court Room on the campus of the Cleveland-Marshall College of Law on November 16, 2009.


Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab Jan 2010

Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab

Cleveland State Law Review

This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.


The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman Jan 2010

The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman

Cleveland State Law Review

This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.


Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum Jan 2010

Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum

Cleveland State Law Review

Ohio has only briefly addressed the entrance of Bell Atlantic onto the pleading stage, and, thus far, Ohio state courts have mostly retained the Conley standard for determining pleadings. However, multiple pleading standards are emerging, making the issue ripe for a determination by the Supreme Court of Ohio as to what the true pleading standard is for Ohio. This Note will explain why Ohio should preserve Conley, even if doing so diverges from the original intent of federal-state uniformity embodied by the Federal Rules of Civil Procedure.


Table Of Contents, Issue 3, Cleveland State Law Review Jan 2010

Table Of Contents, Issue 3, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks Jan 2010

Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks

Cleveland State Law Review

This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.


Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk Jan 2010

Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk

Cleveland State Law Review

What happens when you combine technology, raging adolescent hormones, and rash decisions? As we have seen these past few years, one outcome is “sexting” the trend of teenagers transmitting sexually suggestive text messages or photographs through cell phones and similar communication devices. In 2009, the media was saturated with stories pertaining to sexting, from discussing the ramifications of engaging in it including cyber bullying, slashed reputations, and serious criminal charges to providing guidelines for what parents and educators could do to control or prevent it. Though sexting includes the transmission of messages as well as photographs, the majority of media …


Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter Jan 2010

Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter

Cleveland State Law Review

This note argues that viable fetuses should be viewed as “children” within the meaning of O.R.C. § 3113.31, therefore qualifying them for the protections afforded by civil protection orders. It focuses on the urgent need for such an interpretation based on child safety concerns arising primarily after the birth of the child, rather than those existing while the child is still in utero.


The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason Jan 2010

The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason

Cleveland State Law Review

In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.


Plaintiff's Motion To Remand Denied: Arguing For Pre-Service Removal Under The Plain Language Of The Forum-Defendant Rule, Matthew Curry Jan 2010

Plaintiff's Motion To Remand Denied: Arguing For Pre-Service Removal Under The Plain Language Of The Forum-Defendant Rule, Matthew Curry

Cleveland State Law Review

This Note will examine all sides of the district court split and ultimately argue in favor of the plain language of the forum-defendant rule to permit pre-service removal.


Masthead, The Global Business Law Review Jan 2010

Masthead, The Global Business Law Review

Global Business Law Review

No abstract provided.


Foreword, Mark J. Sundahl Jan 2010

Foreword, Mark J. Sundahl

Global Business Law Review

No abstract provided.


Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D. Jan 2010

Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.

Global Business Law Review

In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …


China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow Jan 2010

China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow

Global Business Law Review

The consequences of the global financial crisis for United States-China economic relations are still unfolding, and it is still unclear whether trade tensions will escalate into trade sanctions. What seems clear, however, is that there is a rising tide of protectionism in both countries based upon what hardliners on each side perceive to be unfair practices and policies implemented by the other. Historically, mutual policies of protectionism between trading partners leads to trade sanctions, which would be an unfortunate result for United States-China economic relations. It remains to be seen whether hardliners in both countries will push the two trading …


The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe Jan 2010

The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe

Global Business Law Review

It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each other over …