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Sweatt V. Painter, The End Of Segregation, And The Transformation Of Education Law, Jonathan L. Entin Jan 1986

Sweatt V. Painter, The End Of Segregation, And The Transformation Of Education Law, Jonathan L. Entin

Faculty Publications

This Article will analyze these aspects of the Sweatt case. Part I describes the facts leading to the litigation. Part II examines the Supreme Court precedents facing Sweatt's attorneys, both in the area of school segregation and in the field of education generally. This section concludes that the Court at best seemed pre- pared only to enforce the Plessy doctrine, and none too rigorously at that. Part III focuses upon the process of making the record at the trial. This section demonstrates how Sweatt's counsel took advantage of ambiguities in the prior cases to lead the Curt to address the …

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Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker Jan 1986

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

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It Pays To Know How Your Timber Will Be Valued, William F. Watson, Steven H. Bullard, Thomas J. Straka Jan 1986

It Pays To Know How Your Timber Will Be Valued, William F. Watson, Steven H. Bullard, Thomas J. Straka

Faculty Publications

You as a forest farmer can usually realize income from your timber investment in two ways. You can rent timberland for nontimber uses (usually hunting) , or you can lease or sell your interest in the timber. In most cases, greater returns result from selling timber outright.

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External Factors Shaping The 2010 Forester: Continuing Education From An Academic Point Of View, Thomas J. Straka, Steven H. Bullard Jan 1986

External Factors Shaping The 2010 Forester: Continuing Education From An Academic Point Of View, Thomas J. Straka, Steven H. Bullard

Faculty Publications

Professional obsolescence is a danger facing all foresters. All too many foreste·rs consider their educational commitment to terminate when they earn their degree. The competency of the professional forester can quickly erode if the forester does not develop a personal continuing education program.

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Economic Appraisal Of Service Forester Activities In Mississippi, Thomas J. Straka, Walter C. Anderson, Steven H. Bullard Jan 1986

Economic Appraisal Of Service Forester Activities In Mississippi, Thomas J. Straka, Walter C. Anderson, Steven H. Bullard

Faculty Publications

The importance of nonindustrial private forest( NIPF) lands to national timber output potential is well-documented (USDA Forest Service 1981, 1982; Wall 1981). The NIPF sector controls 58 percent of the Nation's commercial fm·est area, compared to 14- percent in forest industry holdings, and 28 percent in public forests (Figure 1). Approximately 71 percent of the commercial forest area in the eastern United States is held by the NIPF sector.

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Role Of Company Sales In Funding Research And Development By Major U.S. Paper Companies, Steven H. Bullard, Thomas J. Straka Jan 1986

Role Of Company Sales In Funding Research And Development By Major U.S. Paper Companies, Steven H. Bullard, Thomas J. Straka

Faculty Publications

Forestry research is conducted by state and federal agencies and by many private firms. Studies of research productivity and efficiency are increasingly common in forestry, due to the greater scale of research activity, and increasing competition for both public and private funds. Research evaluations rely on accurate measures of research inputs and outputs. This article presents an equation to predict research inputs for five major firms in the U.S. pulp and paper industry. Pulp and paper research by major U.S. companies is very closely related to corporate sales each year. The relationship empirically supports important assumptions that have been used …

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Continuing Education Needs Of Natural Resource Professionals, Steven H. Bullard, Thomas J. Straka Jan 1986

Continuing Education Needs Of Natural Resource Professionals, Steven H. Bullard, Thomas J. Straka

Faculty Publications

New products, technology and changing social attitudes have created continuing education needs in many natural resource-related professions. Environmental educations rapidly become obsolete without continued study, and many professional organizations are addressing this problem. Causes of professional obsolescence· are briefly reviewed with emphasis on natural resource managers. Foresters' needs and continuing education efforts are discussed to illustrate continuing education concepts in an environmental and natural resource-related profession.

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Potential Reasons For Publicly Funded Forestry Research, Steven H. Bullard Jan 1986

Potential Reasons For Publicly Funded Forestry Research, Steven H. Bullard

Faculty Publications

The general rationale for public support of research and specific reasons for support of particular research areas are of potential concern to many people. Those directly concerned with research ·funding and its rationale, for example, range from legislators to research administrators, scientists and graduate students. Public support of specific research areas is often defended for socio~polit~ ical and economic reasons. As an example, although private-sector research in forestry is conducted by large, diversified firms, the benefits of even highly applied research can be difficult to capture. Public support is necessary in such cases, since social benefits exceed the benefits considered …

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Wilderness And Natural Areas In The Eastern United States: A Management Challenge, David Kulhavy, Richard N. Conner Jan 1986

Wilderness And Natural Areas In The Eastern United States: A Management Challenge, David Kulhavy, Richard N. Conner

Faculty Publications

"The purpose of this symposium is not to debate either the concept of wilderness or the amount of wilderness appropriate for the United States. These are not debatable issues for present purposes. The Congress has spoken twice. The Wilderness Act of 1964 (PL 88-577) and the amendments of 1975, known as the "Eastern Wilderness Act" (PL 93-622), both set-aside existing areas as wilderness and established procedures for consideration of additions to the wilderness system. The purpose of this symposium is to consider the management of wilderness areas over time. In a very real sense, if those areas established as wilderness …

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Forest Protection, David Kulhavy, D. B. Drummond Jan 1986

Forest Protection, David Kulhavy, D. B. Drummond

Faculty Publications

No abstract provided.

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Optional Forest Yield Taxes, Gary D. Kronrad, C. Hickman Jan 1986

Optional Forest Yield Taxes, Gary D. Kronrad, C. Hickman

Faculty Publications

No abstract provided.

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A Note On Equivalence In Ranking Investments, Steven H. Bullard Jan 1986

A Note On Equivalence In Ranking Investments, Steven H. Bullard

Faculty Publications

Present net worth, benefit/cost, and internal rate of return are considered for ranking investments. In some cases, rankings can be contradictory, and the investment criterion can influence inter-project allocations. There are situations, however, when ranking equivalence is assured. In this article, conditions for equivalence in ranking investments are presented using simple graphics and algebra. The conditions are restrictive, and can be effective in demonstrating the need for discretion in selecting an economic criterion for evaluating investments.

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Introduction To Forest Valuation And Investment Analysis, Steven H. Bullard, Thomas A. Monaghan, Thomas J. Straka Jan 1986

Introduction To Forest Valuation And Investment Analysis, Steven H. Bullard, Thomas A. Monaghan, Thomas J. Straka

Faculty Publications

Most foresters and forest landowners are aware that money has a time value. A dollar today is worth more than a dollar tomorrow. If you borrow $1,000 from the bank today, you would have to pay back more than $1,000 in 90 days. The term forest economists use for this concept is the t :!me value of money: the closer to today you receive a sum of money, the greater its present value.

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Agriculture, Agribusiness, And Renewable And Natural Resource Program Review, B. Delworth Gardner Jan 1986

Agriculture, Agribusiness, And Renewable And Natural Resource Program Review, B. Delworth Gardner

Faculty Publications

The State University System of Florida has es tab 1 i shed A "Quest for Excellence11 in its Master Plan. It is a bold plan of action that will "unleash the University System from those time-bound constraints which would allow only gradual change. 11 It is also clear that the State University System of Florida plans to compete successfully with the very best academic universities. In its mission statement the University of Florida, as a land-grant institution, administers the In"s·t itute of Food and Agricultural Sciences (IFAS), a special unit providing statewide food and .agricultural teaching, res.earch, and extension services. …

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Decision Support Systems, Expert Systems, And Artificial Intelligence: Realities And Possibilities In Public Accounting, Andrew D. Bailey, Rayman D. Meservy, Joanne H. Turner Jan 1986

Decision Support Systems, Expert Systems, And Artificial Intelligence: Realities And Possibilities In Public Accounting, Andrew D. Bailey, Rayman D. Meservy, Joanne H. Turner

Faculty Publications

As the business environment becomes more complex and more competitive, accountants and other business managers must exploit the advantages of the computer to remain competitive. Even though managers have long used data which was collected, stored, summarized, and reported using computer technology, managers have not traditionally used computers to manage. Only recently have managers realized that the computer is a cost-effective tool which can directly aid and support business decisions (i.e., not only can computers generate data to be used in making decisions, they can also make comparisons, evaluate alternatives, weigh the costs and benefits, and perhaps even make certain …

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Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig Jan 1986

Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig

Faculty Publications

No abstract provided.

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May A City Put A Taxicab Company Out Of Service Because Of A Labor Dispute?, Jay E. Grenig Jan 1986

May A City Put A Taxicab Company Out Of Service Because Of A Labor Dispute?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Trade Secrets: Important Quasi-Property Rights, Ramon A. Klitzke Jan 1986

Trade Secrets: Important Quasi-Property Rights, Ramon A. Klitzke

Faculty Publications

No abstract provided.

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1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck Jan 1986

1985 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 caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

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Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck Jan 1986

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

Federal and state courts are increasingly confronted with the unenviable task of giving legal definition to matters affecting relations between religion and government.' Many of the lawsuits pitting church against state are surface manifestations of a more fundamental disintegration of an American public philosophy.

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Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii Jan 1986

Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii

Faculty Publications

This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …

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The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill Jan 1986

The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill

Faculty Publications

No abstract provided.

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Dual Class Capitalization: A Reply To Professor Seligman, George W. Dent Jan 1986

Dual Class Capitalization: A Reply To Professor Seligman, George W. Dent

Faculty Publications

Professor Joel Seligman's article, Equal Protection in Share- holder Voting Rights: The One Common Share, One Vote Contro- versy,' is an impressive accomplishment in many respects. It confirms his status as premier historian of our securities laws and markets.2 It also provides a powerful analysis of, and the first se- rious argument against, dual class capitalization, and proposes a thoughtful solution to the problems it raises. Despite these formi- dable assets, some of Professor Seligman's conclusions are debata- ble. First, Professor Seligman argues that the Securities and Exchange Commission (SEC) can impose on the National Associa- tion of Securities Dealers …

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Bite Mark Evidence, Paul C. Giannelli Jan 1986

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

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A Comment On The Supposed Paradoxes Of A Mathematical Interpretation Of The Logic Of Trials, Dale A. Nance Jan 1986

A Comment On The Supposed Paradoxes Of A Mathematical Interpretation Of The Logic Of Trials, Dale A. Nance

Faculty Publications

This symposium has renewed discussion of the apparent paradox of at- tempting to apply mathematical probabilities to the logic of trials. Brought to academic attention by the stimulating work of L. Jonathan Cohen,' the debate reflects a more general controversy over the virtues of quantifying legal decisionmaking. In this brief comment I do not intend to take sides either in this debate or in the more general controversy. I want only to draw attention to a weakness in the legal interpretations which underlie much of the debate.

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The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Second Languages: A Cross-Linguistic Perspective, B Kumaravadivelu Jan 1986

Second Languages: A Cross-Linguistic Perspective, B Kumaravadivelu

Faculty Publications

No abstract provided.

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Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem Jan 1986

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …

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Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck Jan 1986

Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck

Faculty Publications

Views concerning the appropriate relationship between church and state are rapidly becoming almost as numerous as America's religious sects. The Constitution's treatment of religious liberty, thought by many to be a matter long settled, has now erupted into a many-sided debate. Not only lawyers, judges and legal commentators are involved; historians and sociologists, theologians and ecclesiastics, political theorists and statesmen also participate in the debate. It is part of a much larger struggle over a redefinition, or for some a reclamation, of the role of religion in American public life. At times this debate focuses on discrete environments, such as …

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1986 Survey Of Trends And Developments In Religious Liberty In The Courts, Carl H. Esbeck Jan 1986

1986 Survey Of Trends And Developments In Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw 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 high court has granted review during its 1986-87 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

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