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The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow Jan 1990

The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow

Faculty Publications

The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …

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The Exclusion Of Evidence In The United States, Paul Marcus Jan 1990

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

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The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus Jan 1990

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.

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For A More Accurate Reading Of Goethe's "Classiker Und Romantiker In Italien . . ", Ilona Klein Jan 1990

For A More Accurate Reading Of Goethe's "Classiker Und Romantiker In Italien . . ", Ilona Klein

Faculty Publications

The second volume of Uber Künst und AltertJmm, published in 1820, contained an article by Goethe, the first part of which he had already written two years earlier, entitled "Classiker und Romantiker in Italien, sich heftig bekämpfend" (classicists and romantics in Italy fighting intensely). This report was meant to be a description of the Italian literary scene.during the second decade of the nineteenth century.

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Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal Jan 1990

Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

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Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker Jan 1990

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

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Accounting Tutor Platform, Rayman D. Meservy Jan 1990

Accounting Tutor Platform, Rayman D. Meservy

Faculty Publications

Many educational researchers consider computers to be the most important technological development for education since the invention of the printing press or writing itself. They believe that computers will one day transform education, leaving their mark on education as writing and books have done. Even though computer aided instruction (CAI} has been used for many years, results at the college level have been mixed, although generally moderately positive, sometimes reducing instructional time while increasing learning effectiveness. [Kulik, 1990]

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The Order Of Santo Stefano In The Levant: An Unpublished Account Of A Voyage In 1627, Ilona Klein, Christopher Kleinhenz Jan 1990

The Order Of Santo Stefano In The Levant: An Unpublished Account Of A Voyage In 1627, Ilona Klein, Christopher Kleinhenz

Faculty Publications

On 12 April 1627 a fleet of six galleys belonging to the Order of Santo Stefano set sail from Livorno on their expedition "contro il comune nemico"–the Turks. This journey would take them along the western and southern coast of Italy, through the Ionian Sea to the Peloponnese and across the Aegean Sea to the Dardanelles. Along the way the sailors encountered many vessels, both friend and foe, heard reports of sea battles and movements of ships in those waters, and listened to an account of a miracle wrought by the Virgin Mary. After having engaged in two fierce skirmishes …

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Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher Jan 1990

Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher

Faculty Publications

No abstract provided.

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The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall Jan 1990

The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall

Faculty Publications

No abstract provided.

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Healthy And Unhealthy Forms Of Religiousness Manifested By Psychotherapy Clients: An Empirical Investigation, P. Scott Richards, Steven A. Smith, Lanay F. Davis Dec 1989

Healthy And Unhealthy Forms Of Religiousness Manifested By Psychotherapy Clients: An Empirical Investigation, P. Scott Richards, Steven A. Smith, Lanay F. Davis

Faculty Publications

This study investigated whether 49 Mormon psychotherapy clients and 51 Mormon nonclients differed on a number of religious and psychological variables. The data were analyzed using analysis of covariance, controlling for social desirability, education level, and occupation status. Clients scored higher than nonclients on shame and lower on existential well-being. There were no significant differences between clients and nonclients on religious orientation, religious wellbeing, moral reasoning, and guilt. Females scored much higher on guilt, and female clients scored much higher on shame; there were no other gender differences. Subjects showed a preference for Stage 4 moral reasoning, and 92% were …

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Canonical Commutator And Mass Renormalization, G. W. Ford, R. F. O'Connell Nov 1989

Canonical Commutator And Mass Renormalization, G. W. Ford, R. F. O'Connell

Faculty Publications

The question considered is the effect on the canonical commutation rules of mass renormalization in quantum electrodynamics. This is investigated by considering the quantum Langevin equation for a charged quantum oscillator interacting with the radiation field via dipole interaction. Explicit expressions for the commutator are obtained for finite cutoff frequency as well as the large-cutoff limit. The surprising result obtained is that the exactly equal-time (canonical) commutator involves the bare mass, while the corresponding commutator for infinitesimally displaced times involves the renormalized mass. © 1989 Plenum Publishing Corporation.

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"Using Rhetoric Differently: An Advanced Writing Course From Historical Materials", Patrick G. Scott Nov 1989

"Using Rhetoric Differently: An Advanced Writing Course From Historical Materials", Patrick G. Scott

Faculty Publications

Describes an advanced writing course based on a survey of historical rhetoric, from classical to twentieth-century rhetoric, linked to writing assignments using selected aspects of each period's rhetoric that reflect some current writing exigency. Originally presented to the Advanced Writing section at the South Atlantic Modern Language Association, Atlanta, GA, November 1989.

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The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck Oct 1989

The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck

Faculty Publications

This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.

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Molecular Dynamics Simulation Of Real-Fluid Mutual Diffusion Coefficients With The Lennard-Jones Potential Model, Richard L. Rowley, J. M. Stoker Sep 1989

Molecular Dynamics Simulation Of Real-Fluid Mutual Diffusion Coefficients With The Lennard-Jones Potential Model, Richard L. Rowley, J. M. Stoker

Faculty Publications

Mutual diffusion coefficients for selected alkanes in carbon tetrachloride were calculated using molecular dynamics and Lennard-Jones (LJ) potentials. Use of effective spherical LJ parameters is desirable when possible for two reasons: (i) computer time is saved due to the simplicity of the model and (ii) the number of parameters in the model is kept to a minimum. Results of this study indicate that mutual diffusivity is particularly sensitive to the molecular size cross parameter, σ12, and that the commonly used Lorentz–Berthelot rules are inadequate for mixtures in which the component structures differ significantly. Good agreement between simulated and experimental mutual …

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Erratum, John C. Larkin, Paul A. Lefebvre, Carolyn D. Silflow Aug 1989

Erratum, John C. Larkin, Paul A. Lefebvre, Carolyn D. Silflow

Faculty Publications

No abstract provided.

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Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton Jul 1989

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

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Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham Jul 1989

Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham

Faculty Publications

No abstract provided.

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Job Displacement, Relative Wage Changes, And Duration Of Unemployment, John T. Addison, Pedro Portugal Jul 1989

Job Displacement, Relative Wage Changes, And Duration Of Unemployment, John T. Addison, Pedro Portugal

Faculty Publications

Using special CPS data on displaced workers, this article investigates the wage consequences of job displacement in a framework that emphasizes the effects of past job duration(s) and unemployment duration(s) on postdisplacement wages. Our model also attempts to take account of the simultaneity between unemployment duration and the postdisplacement wage. It is found that duration strongly reduces subsequent earnings and that considerable overstatement of the loss in firm-specific training investments is implied by conventional routes to measuring wage losses.

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A Proposal For Reallocation Of Federal Grazing-Revisited, B. Delworth Gardner Jun 1989

A Proposal For Reallocation Of Federal Grazing-Revisited, B. Delworth Gardner

Faculty Publications

Over a quarter of a century ago, I analyzed the allocation procedures utilized by the federal agencies which administer livestock grazing on the public lands (Gardner 1962). Two factors contributing to grazing misallocation and reduced range productivity were identified: (1) the "eligibility" requirements that qualify permittees for grazing privileges prevented the utilization of forage by ranchers who would value it most, and (2) use-tenure insecurity resulting from cuts in permitted grazing impeded private investment in range improvements on the public ranges. In a second paper, I proposed that the grazing privilege system be reformed such that efficient allocation of forage …

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Red-Cockaded Woodpecker Colony Status And Trends On The Angelina, Davy Crockett And Sabine National Forests, Richard N. Conner, D. Craig Rudolph May 1989

Red-Cockaded Woodpecker Colony Status And Trends On The Angelina, Davy Crockett And Sabine National Forests, Richard N. Conner, D. Craig Rudolph

Faculty Publications

Abundant hardwood midstory, colony isolation, and habitat fragmentation are believed to be the causes for severe population declines of red-cockaded woodpeckers on three national forests in eastern Texas.

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Opportunity To Do Good: The Letter To The Galatians, Craig R. Koester Apr 1989

Opportunity To Do Good: The Letter To The Galatians, Craig R. Koester

Faculty Publications

This message may have been attractive to the Galatians because they considered Paul’s gospel of freedom inadequate. The law would give them clear marks of identity, such as circumcision and distinctive rituals. Moreover, it would offer clear directives on how to deal with the Galatians as a form of neurotic legalism. The new preachers were apparently saying something like this: “the flesh with its passions and desires” (5:24), and what to do when someone “is overtaken in any trespass” (6:1). Paul accepts the challenges presented by these issues, as the modern preacher must do. His letter will argue for freedom—and …

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The Moral Foundations Of Punitive Damages, David G. Owen Apr 1989

The Moral Foundations Of Punitive Damages, David G. Owen

Faculty Publications

No abstract provided.

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Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel Apr 1989

Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel

Faculty Publications

No abstract provided.

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Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone Apr 1989

Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone

Faculty Publications

No abstract provided.

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Theology Of Sexuality In The Song Of Songs: Return To Eden, Richard M. Davidson Apr 1989

Theology Of Sexuality In The Song Of Songs: Return To Eden, Richard M. Davidson

Faculty Publications

No abstract provided.

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Capsizing: How To Prevent It/How To Recover From It, Shirley H. M. Reekie Jan 1989

Capsizing: How To Prevent It/How To Recover From It, Shirley H. M. Reekie

Faculty Publications

No abstract provided.

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Hearing, Seeing, And Believing In The Gospel Of John, Craig R. Koester Jan 1989

Hearing, Seeing, And Believing In The Gospel Of John, Craig R. Koester

Faculty Publications

No abstract provided.

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Guess Who's Coming To Worship? Worship And Evangelism, Patrick R. Keifert Jan 1989

Guess Who's Coming To Worship? Worship And Evangelism, Patrick R. Keifert

Faculty Publications

Too many congregations of mainline churches profess that they welcome strangers but are inhospitable when the stranger comes to worship. They know that worship is the single most important ingredient in why people join and remain active members in a congregation. They realize that they need to welcome strangers, so they try to be a warm, open family. Some of them believe they have achieved this model, but few do achieve it. The key to turning this situation around lies in the congregation’s attitude toward the stranger. This is especially true of the attitude of those who plan and lead …

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Impeachment Of Witnesses: Part Ii, Paul C. Giannelli Jan 1989

Impeachment Of Witnesses: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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