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Forest Pest Management On Typic Quartzipsamments: A Management Dilemma, R. R. Cahal, David L. Kulhavy, W. G. Ross, W. D. Tracey, W. D. Hacker Jan 1993

Forest Pest Management On Typic Quartzipsamments: A Management Dilemma, R. R. Cahal, David L. Kulhavy, W. G. Ross, W. D. Tracey, W. D. Hacker

Faculty Publications

Pine plantations on Typic Quartzipsamments in East Texas are difficult to establish. Forest management options following clearcutting are limited. A eight year regeneration study of the growth and survival of loblolly, Pinus tuedu, L. shortleaf, P. echinutu Mill., slash, P. elliofii Engelm and longleaf pines P. palustris Mill. was conducted to determine optimum tree species and treatments for reforestation; and to recommend practical alternative land uses and management strategies for Typic Quartzipsamrnents. With successful regeneration also comes insects and pathogens. Impacts of the Nantucket pine tip moth, Rhyacioniujkstrunu, (Comstock) the Deodar weevil, Pissodes nernorensis, Germar, Annosus root rot, Heterobusidion unnosusm …

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Carbon, Nitrogen, And Phosphorus Leaching Rates From Spartina-Alterniflora Salt Marshes, R E. Turner Jan 1993

Carbon, Nitrogen, And Phosphorus Leaching Rates From Spartina-Alterniflora Salt Marshes, R E. Turner

Faculty Publications

Annual carbon, nitrogen, and phosphorus leachate rates from live Spartina alterniflora Loisel in a Louisiana (USA) salt marsh were estimated to be 200, 14, and 3 g M-2, respectively, and to peak in summer and higher salinities. Leachate losses of P, N and C are equivalent to a turnover of live plant tissues of 10, 17 and 49 d, respectively, when submerged, and 148, 250 and 721 d, respectively, when unsubmerged. Plant leachate losses during marsh submergence and non-submergence are nearly equal because release rates are 15 x greater during submergence. Nitrogen and carbon concentrations relative to phosphorus are proportionately …

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Computing Time, James D. Ghiardi Jan 1993

Computing Time, James D. Ghiardi

Faculty Publications

No abstract provided.

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Scientific Evidence In Wisconsin After Daubert, Daniel Blinka Jan 1993

Scientific Evidence In Wisconsin After Daubert, Daniel Blinka

Faculty Publications

No abstract provided.

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Aids And Athletics, Matthew J. Mitten Jan 1993

Aids And Athletics, Matthew J. Mitten

Faculty Publications

No abstract provided.

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Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone Jan 1993

Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone

Faculty Publications

No abstract provided.

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Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig Jan 1993

Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig

Faculty Publications

No abstract provided.

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The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers Jan 1993

The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers

Faculty Publications

During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …

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A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke Jan 1993

A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke

Faculty Publications

No abstract provided.

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The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel Jan 1993

The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel

Faculty Publications

No abstract provided.

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The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin Jan 1993

The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin

Faculty Publications

This Article examines the seeming contradiction between the rise of the ideological model and the increasing public revulsion against the degrading spectacle that the confirmation process all too often has become. The principal problem with recent confirmation debates has been the exaggeration of the stakes of argument. Participants have focused so single-mindedly on winning the immediate battle that they have lost sight of the limited impact that any individual justice can have on American law and society. I suggest that the kind of political discourse which can promote effective government has both normative and empirical components. The normative aspect involves …

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Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin Jan 1993

Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin

Faculty Publications

Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993

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Chain Of Custody, Paul C. Giannelli Jan 1993

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent Jan 1993

Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent

Faculty Publications

No abstract provided.

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“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky Jan 1993

Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky

Faculty Publications

Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.

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Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky Jan 1993

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …

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Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger Jan 1993

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …

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Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr. Jan 1993

Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.

Faculty Publications

Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …

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Book Review Of The Problem Of Poverty, By Abraham Kuyper; Edited And Introduced By James W. Skillen, Miroslav Kis Jan 1993

Book Review Of The Problem Of Poverty, By Abraham Kuyper; Edited And Introduced By James W. Skillen, Miroslav Kis

Faculty Publications

No abstract provided.

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Ellen White On Theology, Its Methods, And The Use Of Scripture, P. Gerard Damsteegt Jan 1993

Ellen White On Theology, Its Methods, And The Use Of Scripture, P. Gerard Damsteegt

Faculty Publications

ABSTRACT: Forthcoming

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Developmental Appropriateness Of Kindergarten Programs And Academic Outcomes In First Grade, Diane C. Burts, Craig H. Hart, Rosalind Charlesworth, D. Michele Dewolf, Jeanette Ray, Karen Manuel, Pamela O. Fleege Jan 1993

Developmental Appropriateness Of Kindergarten Programs And Academic Outcomes In First Grade, Diane C. Burts, Craig H. Hart, Rosalind Charlesworth, D. Michele Dewolf, Jeanette Ray, Karen Manuel, Pamela O. Fleege

Faculty Publications

This study explored the relationship between the developmental appropriateness of kindergarten classroom instruction and first-grade report card grade overall averages and averages in reading, language, spelling, math, science, and social studies. The interactive roles that gender, SES, and kindergarten classroom type play in children’s later achievement were also examined. The sample consisted of166first-grade children who hadattended kindergarten classrooms with teaching practices identified as predominately developmentally appropriate or developmentally inappropriate. Findings indicated that firstgraders from more appropriate kindergarten classrooms had higher reading averages than children from less appropriate kindergarten classrooms. Females had higher overall and subject area averages than males. Significant …

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Solid-State Deuterium Nmr Spectroscopy Of D5-Phenol In White Portland Cement: A New Method For Assessing Solidification/Stabilization, Michael A. Janusa, Xiao Wu, Frank K. Cartledge, Leslie G. Butler Jan 1993

Solid-State Deuterium Nmr Spectroscopy Of D5-Phenol In White Portland Cement: A New Method For Assessing Solidification/Stabilization, Michael A. Janusa, Xiao Wu, Frank K. Cartledge, Leslie G. Butler

Faculty Publications

We have developed a new NMR-based procedure for studying waste/cement interactions. This is the first use of deuterium NMR spectroscopy to study waste solidification/stabilization (S/S). The main feature of deuterium NMR spectroscopy is the ability to monitor molecular reorientations over a wide range of reorientation rates. This technique allows one to determine if a particular deuterated organic waste is effectively solidified/stabilized and to determine the lower limit of the bond strength between the waste and the cement matrix. Comparison of the predicted and experimental deuterium NMR spectra show that phenol is mainly dissolved in pore waters and, thus, poorly immobilized …

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Structures Of And Allelic Diversity And Relationships Among The Major Outer Membrane Protein (Ompa) Genes Of The Four Chlamydial Species, B. Kaltenboeck, K. G. Kousoulas, J. Storz Jan 1993

Structures Of And Allelic Diversity And Relationships Among The Major Outer Membrane Protein (Ompa) Genes Of The Four Chlamydial Species, B. Kaltenboeck, K. G. Kousoulas, J. Storz

Faculty Publications

DNA sequences coding for 81% of the ompA gene from 24 chlamydial strains, representing all chlamydial species, were determined from DNA amplified by polymerase chain reactions. Chlamydial strains of serovars and strains with similar chromosomal restriction fragment length polymorphism had identical ompA DNA sequences. The ompA sequences were segregated into 23 different ompA alleles and aligned with each other, and phylogenetic relationships among them were inferred by neighbor-joining and maximum parsimony analyses. The neighbor-joining method produced a single phylogram which was rooted at the branch between two major clusters. One cluster included all Chlamydia trachomatis ompA alleles (trachoma group). The …

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Truncation Of The Carboxy-Terminal 28 Amino Acids Of Glycoprotein B Specified By Herpes Simplex Virus Type 1 Mutant Amb1511-7 Causes Extensive Cell Fusion, A. Baghian, L. Huang, S. Newman, S. Jayachandra, K. G. Kousoulas Jan 1993

Truncation Of The Carboxy-Terminal 28 Amino Acids Of Glycoprotein B Specified By Herpes Simplex Virus Type 1 Mutant Amb1511-7 Causes Extensive Cell Fusion, A. Baghian, L. Huang, S. Newman, S. Jayachandra, K. G. Kousoulas

Faculty Publications

Three amber mutations were introduced proximal to the syn3 locus of the herpes simplex virus type 1 glycoprotein B (gB) gene specifying gB derivatives lacking the carboxy-terminal 28, 49, or 64 amino acids. A complementation system that utilized gBs expressed in COS cells to complement gB-null virus KΔT was established. The 49- or 64-amino-acid-truncated gBs failed to complement gB-null virus KΔT, while the 28-amino-acid-truncated gB complemented KΔT efficiently. Mutant herpes simplex virus type 1 KOS (amb1511-7) specifying the 28-amino-acid-truncated gB fused Vero cells extensively.

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Defining The Right To Die, David M. English Jan 1993

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …

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Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman Jan 1993

Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman

Faculty Publications

Most mortgages on income-producing real estate (as distinct from owner-occupied housing) contain clauses restricting early payment of the loan. These clauses are highly controversial, and borrowers often resist their enforcement. While other writers have discussed prepayment clauses in the recent legal literature, my objectives in this article are to advance this discussion in three respects: first, to provide an economic perspective on mortgage prepayment as support for a set of legal recommendations; second, to consider whether the bankruptcy of the mortgagor should affect enforceability of a prepayment fee clause; and third, to analyze the cumulative effect of the presence in …

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Table Of United States Supreme Court Decisions Relating To Religious Liberty 1789-1994, Carl H. Esbeck Jan 1993

Table Of United States Supreme Court Decisions Relating To Religious Liberty 1789-1994, Carl H. Esbeck

Faculty Publications

No abstract provided.

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1993 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck Jan 1993

1993 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important case law developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Supreme Court has granted review during the 1993-94 term. The focus here is on significant or interesting cases that may otherwise escape broad attention. Only the facts and rationale of each decision is summarized. No editorial comment on the merits of these cases is intended.

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What Military Criminal Law Can Teach Us: A United States Perspective, Donald N. Zillman Jan 1993

What Military Criminal Law Can Teach Us: A United States Perspective, Donald N. Zillman

Faculty Publications

A quarter century ago, any comparative criminal law in the United States tended to treat the federal criminal justice system as the model for other systems (state, military, Indian tribal). The fifty state systems handled the vast majority of criminal cases. They were reforming both their adherence to federal constitutional protections for the accused and their administrative organization. Criminal justice had become a large volume business and old "horse and buggy'' practices could not keep up with the workload.

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