Digital Commons Network^™

Block Talk (March 1982), University Of Dayton. Student Development

Block Talk

• Safety tips
• Special section on rape and sexual assault
• Neighbor feature on Esther Stelzl, who has lived at 116 Lawnview Ave. for the past 73 years.
• Services rundown for Off Campus Center (rake, broom and shovel lending; RTA schedules; porch light bulbs; engraving machine, etc.)
• Calendar of events and announcement of Clean Sweep and a seminar about living in the Off Campus Area.

Summer School, 1982: Mary In An Ecumenical Age: A Theological Synthesis, International Marian Research Institute

IMRI Course Listings, Program Guides, and Assorted Academic Materials

No abstract provided.

An Introduction To The Dramas Of Ilse Langner, Jerry Glenn

University of Dayton Review

In his "Nachwort" to Ilse Langner's drama Frau Emma kampft im Hinterland, Wolfgang Weyrauch observes: "Ich habe nie begriffen, warum die 'Pioniere in Ingolstadt' der Marieluise Fleisser immer wieder gespielt werden (nichts gegen sie, alles fur sie), und 'Frau Emma kampft im Hinterland' von Ilse Langner nicht." Although Fleisser and Langner differ in several respects — the nature and quantity of their literary works and their reception after the mid- 1960s — they still have much in common. Both were born about the turn of the century, enjoyed notable theatrical successes during the Weimar Republic, and experienced difficulties during …

Balancing: Between Perfect Order And Chaos (A Reflection Provoked By The Reading Of Mrozek’S Tango), Carroll C. Kearley

University of Dayton Review

Even though assimilation is a characteristic feature of life, the life we live in community ought not to be evaluated primarily by the criterion of how much it can assimilate. Assimilation is not an end in itself, but is a process whereby a living thing incorporates nutrients into its own organic integrity. Incorporation of healthy nutrients leads to a flourishing that is proper to a particular kind of living thing. A carrot will assimilate minerals that will enable it to become a flourishing carrot. A community, a most complex form of life, also needs its nutrients; and its nutrients are …

Collective Bargaining Agreements Without Arbitration Clauses: Does The Finality Doctrine Bar Section 301 Suits?, Ronald L. Mason

University of Dayton Law Review

A recent survey of collective bargaining agreements demonstrated that the parties to those agreements provided for a grievance procedure that included an arbitration proceeding in 96% of the cases surveyed. In this overwhelming number of cases, the employee may sue an employer for breach of contract under section 301 of the National Labor Relations Act (the Act), or follow a grievance procedure. In the latter instance, the employee is bound by the arbitration and its reward. The application of the finality doctrine to these cases is clear, fair, and established.

This is not true with respect to the remaining four …

Environmental Law: States May No Longer Bring A Federal Common Law Nuisance Action To Abate Interstate Water Pollution, Jeffrey L. Rulon

University of Dayton Law Review

City of Milwaukee v. Illinois, 101 S.Ct. 1784 (1981).

In the landmark decision Erie Railroad v. Tomkins, the United States Supreme Court set forth the general proposition that the federal courts may not provide their own rules of decision under the guise of federal common law. Since Erie, however, in cases involving a significant federal interest, the Court has consistently backed away from this rather harsh limitation on federal judicial power. In the City of Milwaukee v. Illinois decision, the United States Supreme Court apparently came full circle, returning to its rule preventing federal courts from fashioning federal common law, …

S.B. 269: The Impact Of Federal Legislation On Ohio's Hazardous Waste Disposal Program, Mary Jo S. Korona, Joseph G. Interlichia

University of Dayton Law Review

In 1980 the Ohio legislature enacted major hazardous waste legislation in Senate Bill (S.B.) 269. Senate Bill 269 amends and enacts new provisions of Chapter 3734 (Solid Waste Disposal) of the Ohio Revised Code and represents Ohio's efforts to create a statutory framework for a comprehensive hazardous waste management program which closely parallels the federal Resource Conservation and Recovery Act. The scope of S.B. 269, together with the regulations promulgated under it, encompasses all aspects of the activity surrounding hazardous wastes from generation to reclamation. Enactment of S.B. 269, however, raises uncertainty for both those administering the program and those …

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

University of Dayton Law Review

Americans have begun to recognize the importance of historically significant structures and places. Historic districts are being restored in many parts of the nation. This recognition has spawned the creation of a social value which places emphasis upon the preservation of historic properties. Historic places provide a physical link to society's cultural history — a unique and irreplaceable connection to the past. More specifically, the protection of cultural resources has social importance since it encourages increased understanding and respect for the past and provides a source of architectural beauty for the future. Governmental promotion of protective policies for historic properties, …

Vytis, Volume 68, Issue 3 (March 1982), Knights Of Lithuania

Vytis: The Newsletter of the Knights of Lithuania

Newsletter of the Knights of Lithuania national organization (United States); digitized and made available with the permission of the organization. Content may be protected by copyright.

The Evolution Of The Prenatal Duty Rule: Analysis By Inherent Determinants, James P. Murphy

University of Dayton Law Review

Are there inherent determinants that govern basic factual situations and coalesce with them in the directed development of a rule of law? To put it another way, does a rule of law evolve? If a judge reads a number of cases with similar facts, a presently existing consciousness confronts the written material on the pages. By bringing together these cases, the reader has constellated them into an independent entity, an entity that can only be described as a kind of being. If this being is regarded, studied, perused for meaning, does it not likewise regard the reader? When the reader …

State Court Jurisdiction Over Claims Arising Under Federal Law, Dennis L. Bailey

University of Dayton Law Review

The division of the American legal process into two complete and distinct judicial systems, state and federal, has the potential to lead and, indeed, has led to some problems and disputes between courts at the state and federal level. The recent tug-of-war between a Louisiana state judge and a United States District Judge over the custody and school for two school children in Louisiana was a much publicized case of a jurisdictional dispute. Such disputes between state and federal courts over their proper jurisdiction typically do not generate the media coverage of this Louisiana dispute and involve issues of greater …

Ucc Section 1-207 And The Full Payment Check: The Struggle Between The Code And The Common Law - Where Do The Debtor And Creditor Fit In?, Susan Harrison Hendrick

University of Dayton Law Review

A relatively overlooked section of the Uniform Commercial Code [hereinafter U.C.C. or Code], section 1-207, which concerns performance or acceptance under reservation of rights, has recently come to the forefront and could have a profound effect on debtor-creditor relations.' The question which has arisen is whether U.C.C. section 1-207 should be applied to the full payment check, thus changing the common law doctrine of accord and satisfaction concerning the full payment check. In the context of debtor-creditor relations, disputes often arise over an amount due. For example, A and B enter into an agreement whereby A agrees to furnish certain …

Private Pensions: Erisa Permits Offsets Of Private Pension Benefits By Amounts Received In Worker's Compensation Awards, Preempting State Laws Prohibiting Such Offsets, Edward J. Dowd

University of Dayton Law Review

Alessi v. Raybestos-Manhattan, Inc., 101 S. Ct. 1895 (1981).

In response to a growing national concern over the loss of private pension benefits by employees, Congress enacted the Employee Retirement Income Security Act of 1974 (ERISA). Congress' primary concern was correcting the inadequate vesting and funding requirements which frequently resulted in defeating retirees' post employment expectations. Through ERISA Congress sought to improve the equitable character and soundness of such plans by providing (1) nonforfeitable vested rights, (2) minimum funding requirements, and (3) termination insurance to protect retirees from insolvent employers. An additional goal of Congress was to encourage expansion of …

Corporation Law: Delaware Supreme Court Exercises Its Own Business Judgment, Denise E. Griggs

University of Dayton Law Review

Zapata Corporation v. Maldonado, 430 A.2d 779 (Del. 1981).

The derivative suit is a device by which minority shareholders can enforce corporate rights that are violated by corporate management. The business judgment rule is the defense mechanism asserted by the board of directors to compel dismissal of the shareholder's suit. The continued vitality of derivative suits has been seriously threatened by state and federal decisions which have consistently upheld reliance on the business judgment rule as a grounds for disinterested directors to dismiss derivative actions they deem detrimental to the corporation.

Provided the directors do not stand in a "dual …

S.B. 1: Ohio Enacts Death Penalty Statute, Anthony L. Geiger, Scott Selbach

University of Dayton Law Review

“The high service rendered by the 'cruel and unusual' punishment clause of the Eighth Amendment is to require legislatures to write penal laws that are evenhanded, nonselective, and nonarbitrary, and to require judges to see to it that general laws are not applied sparsely, selectively, and spottily to unpopular groups.”

With this mandate in mind, the Ohio General Assembly returned capital punishment to the state on October 19, 1981 with the signing of Senate Bill 1 by Governor Rhodes. The bill represents Ohio's third attempt to enact a constitutionally permissible death penalty since the 1788 "Marietta Code" provided the penalty …

Behavioral Disorders: A Nutritional Checklist For The Educational Practitioner, Ronald F. Bobner, Louisa M. Marchionda, Carolyn Ridenour, Isadore Newman, Mary J. Beaubien

Educational Leadership Faculty Publications

Millions of dollars are spent annually on special educational programs for children whose severe behavior disorders prevent them from participating in the regular school setting despite average or above average intellectual capacity. A growing body of research indicates that some of these behavior disorders are related to nutritional problems. (Pfeiffer and Iliev 1972; Kittler 1973; Mayron 1979; and Buckley 1977), and many clinicians support the view that no matter what the etiology of behavioral disorders, nutritional programs can improve the baseline data on medical, social and intellectual achievement, and on personality measures (Palmer 1978). Our purpose here is to present …

Pandora, Vol. 1, No. 3, Concerned Philosophers For Peace

Concerned Philosophers for Peace

No abstract provided.

Ud Offers Technical Career Workshop

News Releases

News release announces the University of Dayton School of Engineering is offering the Fourth Annual Career Workshop for Women.

Front Matter, Volume 7, Number 2 (1982), University Of Dayton

University of Dayton Law Review

Table of contents, Volume 7, Number 2

Negligence Or Scienter - The Appropriate Standard Of Liabiltiy For Outside Accountants For Misleading Proxy Statements Under Section 14(A) Of The Securities Exchange Act Of 1934, Lee A. Kintzel

University of Dayton Law Review

Should an outside accountant be held liable for negligently providing incorrect information to be included in a corporation's proxy statement in a shareholder action under section 14(a) of the Securities Exchange Act of 1934 (the 1934 Act)? Or should the plaintiff in a section 14(a) action be required to show that the accountant intended to deceive the shareholder; that is, should liability be imposed only where the accountant acted with scienter?

Section 14(a) makes it unlawful for any person to solicit proxies in violation of rules prescribed by the Securities and Exchange Commission (SEC). Rule 14a-9, implementing section 14(a), prohibits …

Loss Of Parental Society And Companionship: Infant's Action Against Person Who Negligently Injured Father, Louis R. Kindell

University of Dayton Law Review

Ferriter v. Daniel O'Connell's Sons, Inc., 413 N.E.2d 690 (Mass. 1980)

The rights of individuals to recover for nonpecuniary losses have evolved steadily since the inception of tort law. One of the first steps in this evolution was allowing recovery for loss of services under the master/servant relationship. Under this doctrine, an employer or master could recover the value of his employee's services, if lost through a defendant's tortious conduct. In order to recover, the plaintiff was required to show actual, measurable monetary loss, such as the replacement costs for his lost servant.

The master/servant analogy was later transposed upon …

Law, Medicine And Forensic Science, Third Edition (By William J. Curran And E. Donald Shapiro), Marshall B. Kapp

University of Dayton Law Review

Mention the term "health law" to the average person, including most attorneys and health professionals, and one will immediately conjure up visions of medical malpractice litigation. Private lawsuits brought by individual patients seeking monetary damages from their health care providers based on alleged breach of professional duty have been a part of this nation's legal and social landscape for a considerable time. The prosecution and defense of such claims has kept a substantial number of attorneys quite gainfully occupied. Medical malpractice continues today to be an increasingly prolific area of legal activity, owing to factors like the ever-growing organizational and …

Flyer News, Vol. 28, No. 36 (Feb. 26, 1982), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Women's History Discussed At Ud

News Releases

News release announces that the University of Dayton will recognize National Women's History Week with a campus visit from Linda Kerber.

Ud Co-Sponsors Interfaith Dialogue

News Releases

News release announces "The Land: Religious Perspective" interfaith dialogue sponsored in part by the University of Dayton MORES Center for Creative Ministry.

Flyer News, Vol. 28, No. 35 (Feb. 23, 1982), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Professional Ethics Explored In Honors Scholar Address

News Releases

News release announces Tom L. Beauchamp, senior research scholar at the Center for Bioethics of Georgetown University, will present the third annual scholars address at the University of Dayton. His talk will address deceptive practices in law, medicine, and business.

Men's Awareness Week At The University Of Dayton

News Releases

News release announces Men's Awareness Week: Issues for the '80s at the University of Dayton.

Flyer News, Vol. 28, No. 34 (Feb. 19, 1982), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Ud Prepares Educational Services Report

News Releases

News release announces the University of Dayton educational services office has analyzed nine years of electrical energy, fuel, and telephone expenditures in 77 school districts in western Ohio.