Digital Commons Network^™

Iconic Animation Of Construction Simulation, Jonathan Jingsheng Shi, H. Zhang

Faculty Publications

This paper presents a continuous research effort the animation function in the development of the Activity-Based Construction (ABC) modeling and simulation system. ABC animation uses the constructed ABC simulation model as the animation background; and pre-created images of simulation entities move around along individual execution paths on the ABC model. A library of icons consisting of common construction entities has been created in the ABC system. To perform animation function in ABC only involves one simple additional task for the user to select an appropriate icon for a simulation entity.

Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton

Faculty Publications

No abstract provided.

The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman

Faculty Publications

This article examines the causes, nature, and potential demise of a federal judicial practice known as hypothetical jurisdiction, whereby a court renders a binding judgment in a case without first verifying that it has the power to do so. By the mid-1990s, every federal court of appeals had adopted the practice, despite the fact that it violated fundamental tenets of judicial power and, in some cases, the Constitution itself. In 1998, the Supreme Court attempted to repudiate this practice, but the scope of the repudiation was not clearly delineated and the Court left unresolved a number of questions and left …

From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney

Faculty Publications

No abstract provided.

Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson

Faculty Publications

No abstract provided.

Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig

Faculty Publications

No abstract provided.

Planning For A Disabled Child, Judith G. Mcmullen

Faculty Publications

Estate planning must be handled with care to ensure that the disabled child is adequately provided with financial resources and personal assistance throughout his or her life span. This article examines many means for doing so without jeopardizing the child's chances for receiving government assistance.

Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

Review: The Essence Of Property Law, Vada Waters Lindsey

Faculty Publications

No abstract provided.

The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey

Faculty Publications

No abstract provided.

Digital Recording Of Real Estate Conveyances, Dale A. Whitman

Faculty Publications

The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.

Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck

Faculty Publications

In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …

Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen

Faculty Publications

No abstract provided.

South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford

Faculty Publications

No abstract provided.

Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn

Faculty Publications

This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …

Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn

Faculty Publications

The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …

Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig

Faculty Publications

No abstract provided.

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.

Murder And Aggravated Murder, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.

A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman

Faculty Publications

Health insurance coverage for experimental treatments has generated significant debate and frequent litigation in recent years. In many cases, denials of coverage for investigational therapies constitute economically and ethically sound policy. This article argues, however, that health insurance providers should be required to cover experimental treatments in limited circumstances, namely, when they are administered in phase III clinical trials to patients with terminal illnesses who are likely to die within two years. This coverage mandate would help the sickest patients, who have no other treatment options, and would benefit medical researchers, who often face a dearth of patients willing to …

Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman

Faculty Publications

As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the age of managed care.

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku

Faculty Publications

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.

Toward Adding Further Complexity To The Internal Revenue Code: A New Paradigm For The Deductibility Of Capital Losses, Michelle A. Cecil

Faculty Publications

This article examines problems inherent in the current loss limitation system, arguing that it is ill-equipped to meet parallelism concerns and that cherrypicking is not a problem that a loss limitation scheme should address. The article also argues that the current system is both fundamentally unfair to taxpayers and promotes economic inefficiency in the marketplace. It proposes an alternative system for the tax treatment of capital losses that would allow such losses to offset all types of income, but only up to the tax rate that would have been imposed had the losses instead been capital gains. The article concludes …

Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.

Faculty Publications

Cognitive psychologists know that judgments made in hindsight are distorted by two cognitive heuristics-hindsight bias and outcome bias. Hindsight bias makes bad outcomes seem more predictable in hindsight than they were ex ante. Outcome bias induces us to assume that people who cause accidents have been careless. Because of these biases, individuals who know that a bad outcome has occurred tend to evaluate prior conduct more harshly than they would if they were unaware of the actual outcome. In negligence actions, defendants are supposed to be judged by the reasonableness of their conduct, not by its outcome. Jurors are asked …

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

This article discusses what is currently known about hung juries based on exist­ing empirical research and examines some preliminary data about the contempo­rary incidence of hung juries in the federal courts and several state courts. The paucity of information on hung jury rates highlights the need for a rigor­ous and system-wide examination that extends beyond the scope of the jury itself and encompasses the insti­tutional characteristics of each juris­diction and how those characteristics affect the types of cases that are pre­sented to juries.

This abstract has been taken from the authors' introduction.

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.