Digital Commons Network^™

Plain Yiddish For Lawyers, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Interpreting Plato's Euthyphro And Meno, Noel B. Reynolds

Faculty Publications

Plato's decision to use heuristic drama (in the tradition of Aeschylus and Sophocles) as a vehicle for his philosophical teachings forces the serious reader to make a careful examination of the literary elements of the dialogues. Plato's basic reason for using this literary form is to provide guidance for the interpretation of the content. As Kitto has observed, "In a great work of art, whether a play, a picture, or a piece of music, the connexion between the form and the content is so vital that the two may be said to be ultimately identical." It is therefore counterproductive to …

Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player

Faculty Publications

No abstract provided.

"Passing-On" The Right To Restitution, William J. Woodward Jr.

Faculty Publications

No abstract provided.

Defendant Class Actions And Federal Civil Rights Litigation, Angelo N. Ancheta

Faculty Publications

No abstract provided.

Taxation Of Boot Notes In A 351/453 Transaction, Patricia A. Cain

Faculty Publications

No abstract provided.

The Influence Of The Solicitor General Upon Supreme Court Disposition Of Federal Circuit Court Decisions: A Closer Look At The Ninth Circuit Record, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Racial Differences In The Relation Of Birth Weight And Gestational Age To Neonatal Mortality, Greg R. Alexander, Mark E. Tompkins, Joan M. Altekruse, Carlton A. Hornung

Faculty Publications

Utilizing South Carolina live birth-infant death cohort files for the period 1975-80, this study examines the bivariate distribution of birth weight gestational age (BW-GA), intrauterine growth curves, and BW-GA specific neonatal mortality rates (NMRs) by race. Comparison of BW-GA distributions revealed an appreciable shift between racial subgroups. Nonwhites, on the average, were born 1 week earlier and 270 grams lighter in weight than whites. In addition to racial differences in rates of intrauterine growth, nonwhites experienced lower BW-GA NMRs than whites in BW-GA categories < 3,000 grams and < 38 weeks. However, the improved mortality experience of nonwhites at more immature BW-GA categories was not consistently present when different cause-specific NMRs were considered.

These persistent racial variations highlight continuing issues regarding both the use of a single norm for …

Polygraph And Deception Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.

Firearms And Toolmark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.

The Second Death Of Federalism, William W. Van Alstyne

Faculty Publications

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

Maps And Globes: An Instructional Unit For Elementary Grades, Joan Duea, Janet Mcclain, Lynn Nielsen, Betty Strub

Faculty Publications

This unit of 20 classroom learning episodes is structured to improve students' ability to read and interpret maps and globes. Performance objectives; outlined in part 1; include developing map and globe skills to locate; acquire; organize; interpret; evaluate; and express knowledge and information. Each of the learning episodes in part 2 contains instructional objectives; learning activities; and materials needed to carry out the activity. The learning episodes require 1 to 3 days of instructional time. Activities are developed and materials are provided to teach: (1) the four cardinal directions; (2) the four intermediate directions; (3) use of map symbols and …

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.

Teaching Values Through Drama, Greta Berghammer

Faculty Publications

One dramatic technique to aid students in their discovery of values and value systems is "theatre-in-education" (TIE); a theatre event that takes place in schools; with actors working through roles for and with children. TIE aims to fuse education and theatre by having team members function as both teachers and actors; and the audiences of young people participate as both themselves and characters. TIE programs can be grouped into five categories ranging from full participation (category I); to full performance (category V). Topics that can be explored through TIE are personal freedom; peer pressure; and racial tolerance; leading students to …

Effects Of Water Quality And Water Quantity On Nutritional Status: Findings From A South Indian Community, James R. Hébert

Faculty Publications

Quantitative assessments of the relative effects on health of various aspects of water supply are virtually absent from the literature. Despite the lack of information, resources are being allocated throughout the developing world, for projects related to water and sanitation. The present study was designed specifically to overcome many of the methodological problems that other researchers have faced. Data were collected concerning the nutritional status of 627 children in three urban communities in South India. Information was also collected on water quality, water quantity, household sanitation, socioeconomic conditions, and housing. A statistical technique is presented that allows for controlling potential …

Using Parameter Estimation Techniques With A Simple Model Of A Diaphragm-Type Electrolyzer To Predict The Electrical Energy Cost For Naoh Production, John Van Zee, Ralph E. White

Faculty Publications

Predictions of the electrical energy cost for NaOH production are determined as a function of the independent operating variables and diaphragm characterizing properties. The predictions are based on data from a statistically designed experiment, a simple model of a diaphragm-type electrolyzer, a simple model of the cell voltage losses, and parameter estimation techniques. The data were obtained over a sufficiently large range of operating conditions so that the resulting design equation may be industrially useful. The simple model of the diaphragm is based on the mass transport of the hydroxyl ion, a linear potential gradient, and is presented in terms …

Blame This Messenger: Summers On Fuller, Paul A. Lebel

Faculty Publications

No abstract provided.

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.

"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss

Faculty Publications

No abstract provided.

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.

Religious Symbols And The Establishment Clause, Neal Devins

Faculty Publications

No abstract provided.

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.

Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol

Faculty Publications

In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …

The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker

Faculty Publications

In topology a Mobius strip is a one-sided surface formed by holding one end of a rectangle fixed, rotating the opposite end 180 degrees, and joining the two ends.'In Supreme Court jurisdiction the independent and adequate state ground doctrine forms a similar figure by joining, on one side, the power of the Court to revise the judgments of state courts on issues of federal law with, on the other side, the Court's lack of any general power to re examine issues of state law.

Quantum Electrodynamics Based On Self-Energy: Lamb Shift And Spontaneous Emission Without Field Quantization, A. O. Barut, Jean F. Van Huele

Faculty Publications

The theory of radiative processes in quantum theory is formulated on the basis of self-energy, in analogy to classical radiation theory, and is explicitly carried out for the calculation of the Lamb shift and spontaneous emission.

Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr

Faculty Publications

Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.