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The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman Jan 1994

The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman

Faculty Publications

No abstract provided.

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Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay Jan 1994

Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.

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Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein Jan 1994

Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg Jan 1994

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

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Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii Jan 1994

Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii

Faculty Publications

In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …

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Le Culte De Sainte Foy À Sélestat Et À Conques: Étude Comparative, Kathleen M. Ashley Phd, Pamela Sheingorn Jan 1994

Le Culte De Sainte Foy À Sélestat Et À Conques: Étude Comparative, Kathleen M. Ashley Phd, Pamela Sheingorn

Faculty Publications

No abstract provided.

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Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams Jan 1994

Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams

Faculty Publications

Law teachers increasingly recognize that practical skills training deserves a place in traditional courses throughout the curriculum.' The literature regularly reports proposals to integrate practical skills components into both first-year and upperclass courses. The array of skills includes mediation, negotiation, interviewing and counseling, writing and drafting, case management, and advocacy

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The Functions Of The Executive And The Republic: Exploring The Platonic Roots Of Chester Barnard, Paul C. Godfrey Jan 1994

The Functions Of The Executive And The Republic: Exploring The Platonic Roots Of Chester Barnard, Paul C. Godfrey

Faculty Publications

This essay examines the similarities between Plato's Republic and Barnard's Functions of the Executive. The essay argues that comparisons between Barnard and Plato are not overstated in form or substance. Three major areas of each work are compared: the ethical foundations, the political foundations, and the role of education in achieving those political means. Implications arising from the comparison are discussed and the essay concludes by linking the Barnard- Plato dialogue with current issues in management theory and practice.

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The Significance Of Ngugi's Recent Writing: Or Why Ngugi Wa Thiong'o May Not Want The Nobel Prize (And Why He Should Get It), Patrick G. Scott Jan 1994

The Significance Of Ngugi's Recent Writing: Or Why Ngugi Wa Thiong'o May Not Want The Nobel Prize (And Why He Should Get It), Patrick G. Scott

Faculty Publications

Discusses the development from the 1960s to the 1980s of writings by the Kenyan author and activist Ngugi wa Thiong'o, examines some of the difficulty Us- and European-based critics have found with Nugi's work from the 1980s, and argues that courses in African literature need to move beyond the established canon of the immediate post-Independence period to reflect more recent developments. Works discussed include Ngugi's novels Devil on the Cross and Matigari. Originally presented at the Southeast Regional Symposium for African Studies, Athens, Georgia, 1994

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An Onomastic Pun In A Tenth-Century Anglo-Latin Poem, Scott Gwara Jan 1994

An Onomastic Pun In A Tenth-Century Anglo-Latin Poem, Scott Gwara

Faculty Publications

No abstract provided.

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Several Considerations Regarding The Variable Length Blade Rotor, Bogdan Popescu, Victor Giurgiutiu Jan 1994

Several Considerations Regarding The Variable Length Blade Rotor, Bogdan Popescu, Victor Giurgiutiu

Faculty Publications

No abstract provided.

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Language And Silence: Making Systems Of Privilege Visible, Stephanie M. Wildman, Adrienne D. Davis Jan 1994

Language And Silence: Making Systems Of Privilege Visible, Stephanie M. Wildman, Adrienne D. Davis

Faculty Publications

No abstract provided.

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Differences In Teaching Between Six Primary And Five Intermediate Teachers In One School, Irma J. Van Scoy Jan 1994

Differences In Teaching Between Six Primary And Five Intermediate Teachers In One School, Irma J. Van Scoy

Faculty Publications

This study examined differences between primary and intermediate teachers concerning teacher behaviors, teacher communications, grouping, control, and materials. 6 primary classrooms (grades 1 and 2) and 5 intermediate classrooms ( grades 4 and 5) were each observed for 4 45-minute periods. In addition, observers, teachers, and 5 students from each classroom responded to 2 vignettes depicting classroom situations and 1 vignette asking respondents to describe a lesson on nutrition. Responses were coded for teacher behaviors, goals, and instructional methods. Analyses of observational data showed that in comparison with teachers in intermediate grades, primary teachers used significantly more sanctions, procedural communications …

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Standards As Intellectual Property: An Economic Approach, David D. Friedman Jan 1994

Standards As Intellectual Property: An Economic Approach, David D. Friedman

Faculty Publications

No abstract provided.

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Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman Jan 1994

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

Faculty Publications

No abstract provided.

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Our Immigrant Heritage: A Struggle For Justice, Angelo N. Ancheta Jan 1994

Our Immigrant Heritage: A Struggle For Justice, Angelo N. Ancheta

Faculty Publications

No abstract provided.

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A Comparison Of Pedagogical Knowledge Structures Of Preservice Students And Teacher Educators In Two Institutions, Judith E. Rink, Karen E. French, Amelia M. Lee, Melinda A. Solomon, Susan K. Lynn Jan 1994

A Comparison Of Pedagogical Knowledge Structures Of Preservice Students And Teacher Educators In Two Institutions, Judith E. Rink, Karen E. French, Amelia M. Lee, Melinda A. Solomon, Susan K. Lynn

Faculty Publications

Understanding how the knowledge structures of preservice teachers develop as expertise is acquired would seem to be an important aspect of teacher preparation. The purpose of this study was to compare the pedagogical knowledge structures about effective teaching of preservice teachers and teacher educators in the professional preparation programs of two different institutions. Two groups of preservice teachers at two different points in their preparation program at each of the two institutions were asked to complete a concept map (Roehler et al., 1987) about effective teaching. One group completed the concept map just after the first teaching methods course, and …

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A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen Jan 1994

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Faculty Publications

No abstract provided.

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Variability In Negation In African American Vernacular English, Tracey L. Weldon Jan 1994

Variability In Negation In African American Vernacular English, Tracey L. Weldon

Faculty Publications

For quantitative sociolinguists, one of the goals of investigating variability in African American Vernacular English (AAVE) is to understand better the nature of the grammar. Specifically, researchers have been interested in whether the variation observed in AAVE is inherent to a single system or the result of interaction between two separate systems of AAVE and Standard English (SE). Variability in negation is an area of the AAVE grammar that has received minimal attention, but one that may offer some interesting insights into the nature of the system or systems at work. This article provides a framework to describe the variability …

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Use Of Underpotential Deposition Of Zinc To Mitigate Hydrogen Absorption Into Monel K500, G. Zheng, Branko N. Popov, Ralph E. White Jan 1994

Use Of Underpotential Deposition Of Zinc To Mitigate Hydrogen Absorption Into Monel K500, G. Zheng, Branko N. Popov, Ralph E. White

Faculty Publications

Polarization experiments and a potentiostatic pulse technique have been used to show that a monolayer coverage of zinc effectively inhibits the absorption of hydrogen into Monel K500. By depositing a monolayer of zinc on Monel K500, the hydrogen evolution reaction and hydrogen ingress flux rate were reduced by 60%.

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A Finite-Difference Method For Pseudo-Two-Dimensional Boundary Value Problems, Z. Mao, Ralph E. White Jan 1994

A Finite-Difference Method For Pseudo-Two-Dimensional Boundary Value Problems, Z. Mao, Ralph E. White

Faculty Publications

A finite-difference method is presented for solving pseudo-two-dimensional boundary-value problems. The sparse and nearly block tridiagonal properties of the matrices generated by using the finite-difference method for problems of this type are fully utilized and maintained, which yields a method that is highly efficient in the use of storage space and computation. An example shows that the central process unit time required by the method is significantly less than that required by an alternative method.

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Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala Jan 1994

Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala

Faculty Publications

No abstract provided.

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A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala Jan 1994

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala

Faculty Publications

No abstract provided.

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Truth And The Religion Clauses, William P. Marshall Jan 1994

Truth And The Religion Clauses, William P. Marshall

Faculty Publications

No abstract provided.

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Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt Jan 1994

Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister Jan 1994

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …

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Effect Of Proton Diffusion, Electron Conductivity, And Charge-Transfer Resistance On Nickel Hydroxide Discharge Curves, John W. Weidner, Paul Timmerman Jan 1994

Effect Of Proton Diffusion, Electron Conductivity, And Charge-Transfer Resistance On Nickel Hydroxide Discharge Curves, John W. Weidner, Paul Timmerman

Faculty Publications

Constant-current discharge curves for the nickel hydroxide electrode are simulated assuming resistances due to diffusion of protons and conduction of electrons through the nickel hydroxide film, and charge-transfer resistance at the film/electrolyte interface contribute to the polarization losses of the electrode. Good qualitative agreement is observed between the model predictions and experimental discharge curves. The results suggest that polarization losses due to diffusional limitations of protons is a critical factor in determining the characteristics of the discharge curve. Ohmic resistance has a significant effect on the discharge curves at the end of discharge, and charge-transfer resistance is a minor contributor …

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Theoretical Analysis Of The Discharge Performance Of A Niooh/H2 Cell, Z. Mao, P. De Vidts, Ralph E. White, John Newman Jan 1994

Theoretical Analysis Of The Discharge Performance Of A Niooh/H2 Cell, Z. Mao, P. De Vidts, Ralph E. White, John Newman

Faculty Publications

A mathematical model is presented for the discharge of a NiOOH/H2 cell. This model includes diffusion and migration in the electrolyte phase as well as proton diffusion and ohmic drop across the solid active material in the porous nickelelectrode. A theoretical analysis of the cell performance is presented for different design parameters using this model. It is predicted that proton diffusion in the solid active material is the main factor in limiting the cell voltage and the utilizationof the active material. It is also predicted that use of a thick nickel electrode is an effective method for increasing electrode …

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Thermal Characteristics Of A Nickel-Hydrogen Battery, Junbom Kim, T. V. Nguyen, Ralph E. White Jan 1994

Thermal Characteristics Of A Nickel-Hydrogen Battery, Junbom Kim, T. V. Nguyen, Ralph E. White

Faculty Publications

The maximum allowable temperature difference inside a nickel-hydrogen battery to avoid water relocation was calculated by using a graphical method together with a vapor pressure vs. temperature correlation equation for water vapor over potassium hydroxide solution. An equation was developed for this maximum allowable temperature difference for vessel-wall temperatures from 0 to 30°C and potassium hydroxide concentrations from 20 to 32%. A heat-generation equation for the nickel-hydrogen battery was used to investigate the effect of the location of heat generation on the maximum temperature in the cell and the temperature distribution in the cell.

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The Role Of Thallium As A Hydrogen Entry Promoter On Cathodically Polarized Hy-130 Steel, G. Zheng, Branko N. Popov, Ralph E. White Jan 1994

The Role Of Thallium As A Hydrogen Entry Promoter On Cathodically Polarized Hy-130 Steel, G. Zheng, Branko N. Popov, Ralph E. White

Faculty Publications

Hydrogen permeation experiments were carried out to investigate the effect of thallium on hydrogen entry into HY-130steel. These experiments show that the presence of thallium ions in an electrolyte drastically increase the hydrogen entry rate. The hydrogen entry efficiency and hydrogen surface coverage were increased by a factor of 10 and 6, respectively. In order to fit the permeation experimental data, the Iyer-Pickering-Zamanzadeh (I-P-Z) hydrogen permeation model was modified by including a mass-transfer term in the discharging equation. The relationship between hydrogen permeation and the hydrogen evolution reaction were investigated and new relationships were obtained.

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