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Court Reorganization: Legislative Incursion On Judicial Independence In Ohio, Kathryn Sonderman Wald

University of Dayton Law Review

Geisinger v. Cook, 52 Ohio St. 2d 51, 396 N.E.2d 477 (1977), cert. denied, 98 S. Ct. 1451 (1978).

Judicial systems in states throughout the United States are undergoing reorganization. Clogged court dockets are focusing attention on largely archaic court systems in many states. In some areas, systems which were established during the 19th century to meet the needs of a largely agrarian society are intact today with only slight modification. Some form of court reorganization or consolidation will be necessary to cope with a vastly changed society. Unification of lower courts is now imminent in several states. There are, …

Labor Law: A Union's Duty To Furnish Information To An Employer For Purposes Of Collective Bargaining, D. Jeffrey Ireland

University of Dayton Law Review

Oakland Press Co., 233 N.L.R.B. No. 144 (1977).

Recently, in Oakland Press Co., the National Labor Relations Board held that a union has an affirmative duty to furnish information to an employer which is "relevant and necessary" to the bargaining process. Oakland Press claimed that the failure of the Printing and Graphic Communications Union to provide certain requested information was an unfair labor practice in violation of section 158(b)(3) of the National Labor Relations Act. Oakland asserted that a union's duty to furnish information under section 158(b)(3) was parallel to an employer's duty to furnish information under section 158(a)(5). An …

Front Cover, Mariological Society Of America

Marian Studies

No abstract provided.

Table Of Contents, Mariological Society Of America

Marian Studies

No abstract provided.

Response To The Mariological Society Of America From The Secretariat Of State, The Vatican, Mariological Society Of America

Marian Studies

No abstract provided.

Report On The 1979 Convention (Tampa, Fla), Théodore Koehler

Marian Studies

No abstract provided.

Table Of Contents

Marian Library Studies

No abstract provided.

Back Cover And Verso

Marian Library Studies

No abstract provided.

The Defense Of Local Governmets In Civil Rights Litigation, Patricia W. Morrison

University of Dayton Law Review

Acting on a tip, police officers stake out an employment office. About 8:30 P.M., two figures appear at the back door and force the lock. Then they come in, the police confront them with guns drawn, warning: "Stop, Police!" One man freezes with his hands over his head; the other swings a crowbar at both officers, knocking a gun from one policeman's hand. The officers open fire-one shooting three shots, the other all six. The suspect is struck by four bullets, and is killed. The suspect's mother sues the officers and the city for a violation of her son's constitutional …

Irrebuttable Presumption Doctrine: Applied To State And Federal Regulations Excluding Females From Contact Sports, Elizabeth J. Henley

University of Dayton Law Review

Yellow Springs Exempted Village School District Board of Education v. Ohio High School Athletic Association, 443 F. Supp. 753 (S.D. Ohio 1978).

Since the early part of this decade, state high school athletic association rules barring females from participation in various interscholastic sports have been invalidated at both the state and federal level. The recent federal district court decision in Yellow Springs Exempted Village School District Board of Education v. Ohio High School Athletic Association conforms to this trend by requiring equal opportunity for females in state high school athletics. Judicial invalidation of these discriminatory regulations has generally been based …

Investigative Demands Under Ohio's Antitrust Law: A Close Look At The Statute, Stanley A. Freedman

University of Dayton Law Review

Since March 13, 1978, the Ohio Attorney General has had the power to issue civil antitrust investigative demands. The statute giving him that power was drafted by the Office of the Attorney General and enacted substantially in the form in which it was submitted. It draws heavily upon the Federal Antitrust Civil Process Act, parallel state statutes, and the investigative provisions contained in the Uniform State Antitrust Act.

The Ohio statute does not, however, precisely track any of its predecessors. Partly for that reason, and partly because of infelicities of draftsmanship, it contains a number of ambiguities and presents a …

Communications Law: A Requirement For Affirmative Determination Of The Public Interest In Restricting Services By Facilities Certification, Paul Gerard Hallinan

University of Dayton Law Review

MCI Telecommunications Corp. v. FCC, 561 F.2d 365 (D.C. Cir. 1977), cert. denied, 98 S. Ct. 781 (1978).

The dynamic technology of the communications industry does not readily lend itself to the accomplishment of rigid regulatory objectives. The rapid evolution of new forms of communication precludes specific legislative controls and hinders administrative efforts to maintain workable regulatory policies in the public interest. In MCI Telecommunications Corp. v. FCC, the District of Columbia Circuit considered the regulatory problems associated with microwave transmission systems, one of the most dynamic communication technologies. It decided that the public interests supporting administrative policies in the …

Labor Preemption: Striking Workers' Right To Collect Unemployment Benefits, Jane Cooper-Hill

University of Dayton Law Review

New York Telephone Co. v. New York State Department of Labor, 566 F.2d 388 (1977).

The payment of unemployment insurance benefits to strikers has long been a hotly contested political issue, with state legislatures producing a variety of statutory plans to resolve and regulate the area.' Some states flatly refuse to compensate employees who are direct participants in a strike, while others condition benefits on the employer's continued operations during the strike or on the employer's violation of the collective bargaining agreement. Strikers qualify for benefits in some states only if they are protesting hazardous conditions, have been laid off …

Comparison Of Carbon And Nitrogen Content Of Infected And Uninfected Snails, Succinea Ovalis, And The Trematode Leucochloridium Variae, Albert J. Burky, Daniel J. Hornbach

Biology Faculty Publications

In June, 6.7% of adult Succinea ovalis collected near Urbana, Ohio, were infected with the trematode, Leucochloridium variae. The effects of parasitism were assessed as total organic carbon (equivalent to calorific values) and as total nitrogen. The parasite represents 23.8% of total (parasite + snail tissue) dry tissue weight, 21.4% of total carbon and 19.8% of total nitrogen of infected snails. The higher C:N ratio for parasite tissue indicates a higher proportion of nonproteinaceous compounds (e.g., fats and/or carbohydrates) as compared to host tissue. There is less snail tissue in parasitized S. ovalis. The C:N ratios for parasitized and nonparasitized …

Control Of Partitioning And Export Of Carbon In Leaves Of Higher-Plants, Donald R. Geiger

Biology Faculty Publications

Within source leaves, partition of assimilated carbon and export are regulated to both leaf and plant ontogeny and to environmental conditions. System goals, adaptive responses, control mechanisms, and information flow are developed from the viewpoint that a well-adapted plant is an integrated system. Regulation of partitioning and export involves both feedforward control and feedback homeostasis. Export is controlled by regulation of metabolism which supplies assimilated material to be translocated, by control of efflux into the free space of material destined for export, and by regulation of phloem loading. Control of export by the latter two processes depends on responsive metabolic …

The Meaninglessness Of The Plain Meaning Rule, Michael R. Merz

University of Dayton Law Review

The contemporary lawyer and judge confront, in the mine run of their daily work, a mountain of statutes. In an unprecedented way, law today is statute law, and few legal problems have escaped the tender mercies of the legislature. Statutory interpretation is a daily and pressing task for virtually every lawyer.

And yet, there is no generally accepted consistent theory to guide this work. The late Henry Hart and Dean Albert Sacks argue forcefully, "[T]he hard truth of the matter is that American courts have no intelligible, generally' accepted, and consistently applied theory of statutory interpretation." ' This conclusion is …

Self-Esteem And The Adlerian Family Constellation, Richard Irvin Naugle

Graduate Theses and Dissertations

No abstract provided.

129th Commencement, Winter

Commencement Programs

No abstract provided.

Ud Information Services Announces Appointment And Promotion

News Releases

News release announces that Patricia Rooney has been promoted to Assignment Editor and Pamela Blumsheid has been appointed Public Affairs Coordinator.

Diplomas To Be Awarded To 452 At Ud

News Releases

News release announces that 452 students will graduate from the University of Dayton December 16, 1978.

Conference Commemorates Diamond Jubilee Of Powered Flight

News Releases

News release announces a conference which will commemorate the diamond jubilee of the first powered flight at the Wright-Patterson Air Force Museum.

Flyer News, Vol. 25, No. 24 (Dec. 5, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Greene County Mill Studied By Ud Student Group

News Releases

News release announces that the Design of Systems course at the University of Dayton has investigated the possibilities of rebuilding Harbison Mill on Massie's Creek

Open House Honors Benefactor At Ud Law School

News Releases

News release announces that the late James R. Woodhull has been honored with a room named for him in the University of Dayton Law School.

Ud Student To Represent Ohio At Orange Bowl Festival

News Releases

News release announces that Shari Carter has been selected to represent Ohio at the Orange Bowl Festival.

School Energy Management Topic Of Ud Workshop

News Releases

News release announces that a workshop at the University of Dayton will focus on the management of an energy conservation program in public school systems.

Der Flug Der Taube: Stephan Hermlin's Attempts To Adjust To The Cultural-Political Demands In The Gdr In The Early Fifties, Wolfgang Ertl

University of Dayton Review

Stephan Hermlin was born in Chemnitz (Karl-Marx-Stadt) on March 13, 1915. Antifascist resistance is at the root of all his creative efforts. At the age of 16 he became a member of the Communist Youth Party (KJV). From 1933 until 1936 he went undercover in Berlin, joining the illegal fight against National-Socialism. In 1937 he participated in the Spanish Civil War, and in 1939 he made contact with the French Resistance. With the help of the Maquis, an underground group in southern France that became the nucleus of the Resistance, he escaped from the German occupation forces to Switzerland, where …

Volker Braun's Tinka: Two Views, Margaret E. Ward

University of Dayton Review

Volker Braun, born in Dresden in 1939, has received only secondary attention in recent studies of socialist drama since Brecht. Yet he is already widely recognized as one of the most important dramatists now living in the German Democratic Republic (GDR), next to Peter Hacks and Heiner Müller. This paucity of serious critical studies of Braun's dramatic works maybe because he is best known as a poet (Provokation rtIr mich, 1965; Vorliiufiges, 1966; Wir und nicht sie, 1970; Gegen die symmetrische Welt, 1974; Gedichte, 1976); but it can also be attributed to the past inaccessibility of much of his dramatic …

After The Revolution — What Then? Peter Hacks' Theory Of A Socialist Classicism, Margy Gerber

University of Dayton Review

Quotations from theoretical writings, dating from 1960 to the present, of the East German playwright Peter Hacks differ conspicuously from the theory of socialist realism, still the official aesthetic doctrine of the G DR. That Hacks should venture from the straight and narrow of the officially approved is, to be sure, not uncharacteristic behavior for him: ever since his arrival in East Berlin from Munich in 1955, he has repeatedly caused raised eyebrows, if not wrath, in official places; two of his plays both dealing with the GDR, Die Sorgen und die Macht (3 versions, 1959-1962) and Moritz Tassow (1961, …

Franziska Linkerhand — Introduction And Analysis Of The Last (Unfinished) Work By The Late Gdr Novelist Brigitte Reimann, Karin Mcpherson

University of Dayton Review

1974 saw the publication of Franziska Linkerhand, the last novel of the East German writer Brigitte Reimann, who died of cancer in 1973 at the early age of thirty-nine. This remarkable work of some 580 pages (15 chapters) was the product of ten years of devoted and sorely trouble labour.2 The author, until then, had been best known for her novel Ankunft im Alltag, a work which gave the name Ank-unftsliteratur to a whole period of East German prose writing of the early 1960's. In Franziska Linkerhand, she set out to prove herself a writer worthy of her early reputation …