Digital Commons Network^™

Federal Tax Consequences Of Civil Unions, Patricia A. Cain

Faculty Publications

No abstract provided.

Non-Self-Executing Treaties: Exposing A Constitutional Fallacy, David Sloss

Faculty Publications

No abstract provided.

Lone Wolf V. Hitchcock: A Little Haiku Essay On A Missed Constitutional Moment, Frank Pommersheim

Faculty Publications

No abstract provided.

Problem Patrons: All Shapes And Sizes, Kelly D. Blessinger

Faculty Publications

Every type of library will inevitably have problem patrons, but this article focuses
mainly on public and academic libraries. As the times have changed, so has the magnitude of the problem patrons. Problems of the past seem irrelevant compared to some of the problems we are currently facing. Discussed in this article are particular types of problem behavior, including, but not limited to anger, harassment of staff, and homelessness. The types of each category include examples to illustrate each concern, and possible remedies.

Can Uptake Length In Strams Be Determined By Nutrient Addition Experiments? Results From An Interbiome Comparison Study, Patrick J. Mulholland, Jennifer L. Tanks, Jackson R. Webster, William B. Bowden, Walter K. Dodds, Stanley V. Gregory, Nancy B. Grimm, J. L. Meriam, Judy L. Meyer, Bruce J. Peterson, H. Maurice Valett, Wilfred M. Wollheim

Faculty Publications

Nutrient uptake length is an important parnmeter tor quantifying nutrient cycling in streams. Although nutrient tracer additions are the preierred method for measuring uptake length under ambient nutrient concentrations, short-term nutrient addition experiments have more irequently been used to estimate uptake length in streams. Theoretical analysis of the relationship between uptake length determined by nutrient addition experiments (Sw') and uptake length determined by tracer additions (Sw)predicted that Sw' should be consistently longer than 5,", and that the overestimate of uptake length by Sw( should be related to the level of nutrient addition above ambient concentrations and the degree of nutrient …

Interaction Of Physical And Mental Work, Sukhvinder Singh, Fereydoun Aghazadeh, Thomas G. Ray

Faculty Publications

The objective of the research was to determine the effect of mental load on the physical capacity of an individual. An experiment involving 9 combinations of lifting tasks, 1 lowering task, and 3 treadmill tasks was conducted. Heart rate was measured and maximum acceptable weight of lift was determined using the psychophysical method. A simple multiplication task was used as the mental load. The output variables were determined with and without the mental task. The results indicate that the individual’s physical capacity decreased with the mental task while lifting from floor to knuckle and shoulder to reach lifting heights. © …

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Faculty Publications

No abstract provided.

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.

South Dakota’S Disability Discrimination Laws: Limits And Vantages, Tom Simmons

Faculty Publications

No abstract provided.

Weaving A Computing Fabric, Michael N. Huhns, Larry M. Stevens, John W. Keele, Jim E. Wray, Warren M. Snelling, Greg P. Harhay, Randy R. Bradley

Faculty Publications

As sources of information relevant to a particular domain proliferate, we need a methodology for locating, aggregating, relating, fusing, reconciling, and presenting information to users. Interoperability thus must occur not only among the information, but also among the different software applications that process it. Given the large number of potential sources and applications, interoperability becomes an extremely large problem for which manual solutions are impractical. A combination of software agents and ontologies can supply the necessary methodology for interoperability.

Agents As Web Services, Michael N. Huhns

Faculty Publications

Web services are extremely flexible. Most advantageously, a developer of Web services need not know who or what will use the services being provided. The paper discusses current standards for Web services, directory services and the Semantic Web. It considers how agents extend Web services in several important ways.

Agent Societies: Magnitude And Duration, Michael N. Huhns

Faculty Publications

If you only need agents to search the Web for cheap CDs, scalability is not an issue. The Web can support numerous agents if each acts independently. In short order, however, billions of embedded agents that sense their environment and interact with us and other agents will fill our world, making the human environment friendlier and more efficient. These agents will need not only scalable infrastructures and communication services, but also scalable social services encompassing ethics and laws. Research projects are under way around the world to develop and deploy such services. The author takes a look at the critical …

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes’ Applicability To Health Insurance, Sharona Hoffman

Faculty Publications

Traditionally, health insurers have enjoyed the freedom to determine their own terms of coverage, to decide to what extent, if any, patients should be reimbursed for different kinds of treatment, and to establish premium prices. Health insurers typically deny coverage for speech therapy, eye glasses, hearing aids, most foot care, and treatment for infertility. Many insurance providers also exclude or severely limit coverage for mental health, dental care, AIDS, diabetes mellitus, morbid obesity, epilepsy, and alcoholism or drug abuse. Therefore, while some Americans enjoy full coverage for all their health needs, others who have insurance and suffer from serious or …

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Judicial Selection And Political Culture, Jonathan L. Entin

Faculty Publications

This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett

Faculty Publications

A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

The Rhetoric Of Judicial Critique: From Judicial Restraint To The Virtual Bill Of Rights, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

Descriptive Epidemiology Of Body Mass Index Of An Urban Adult Population In Western India, H. C. Shukla, P. C. Gupta, H. C. Mehta, James R. Hébert

Faculty Publications

Study objective: To describe height, weight, and body mass index (BMI) of the adult urban population in Mumbai, western India and to estimate the prevalence and severity of thinness and overweight in this population. To describe the association of BMI with education, age, and tobacco habits in an urban Indian population. Design: Cross sectional representative survey of 99 598 adults (40 071 men and 59 527 women). Setting: The survey was carried out in the city of Mumbai (formerly known as Bombay) in western India. Participants: Men and women aged >35 years who were residents of the main city of …

Ain’T Nothin’ But A Heartache? Love And Dating On Campus, Susan Murray

Faculty Publications

No abstract provided.

An Accrual/Multi-Factor Approach To Intestate Inheritance Rights For Unmarried Committed Partners, E. Gary Spitko

Faculty Publications

As cohabitation among unmarried couples becomes more common in the United States, a most pressing challenge facing inheritance law scholars, practitioners and others who concern themselves with the development of inheritance law is to craft reforms that would, if implemented, better serve non-marital families while at the same time maintain a reasonable ease of administration of estates. One area in urgent need of such reform is intestacy law. Current intestacy law generally does not reflect as well as it could the way Americans today structure their family lives. For example, the intestacy statutes of forty-seven states make no provision for …

Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins

Faculty Publications

Interspousal tort immunity persists de facto through the mechanism of private insurance, the article explains. Although interspousal tort immunity has been eliminated as a doctrinal matter, it endures as a reality. Liability insurance is inseparable from tort liability and drives the tort litigation system in this as well as other contexts. The insurance family member exclusion and the insurance intentional acts exclusion operate together to ensure that interspousal tort claims such as domestic violence tort claims will not be brought. These are reasonably considered to be gender-specific harms and the exclusion of them from tort compensation is a failing of …

Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica

Faculty Publications

The new provisions in Revised Article 9 both reflects the drafters’ decision to enhance secured creditors’ rights, but also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state law (specifically Article 9) to determine the rights of creditors and transferees with respect to personal property, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether these changes are consistent with our historical understanding of bankruptcy policy.

The Role Of Outdoor Recreation In Family Enrichment, Patti A. Freeman, Ramon B. Zabriskie

Faculty Publications

The family is the fundamental unit in society and perhaps the oldest and most important of all human institutions. Several studies have indicated a positive correlation between strong, successful families and family participation in outdoor recreational activities. This paper addresses the role of structured outdoor recreation programming in family enrichment. Findings from two studies based in the United States are presented: one on the effect of a one–day family outdoor adventure program on parental and child perceptions of family functioning and the other from a qualitative inquiry into the meaning of family residential camping experiences. The first study collected both …

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.