Digital Commons Network^™

The Ordinary Witness Doctrine: Discovery Of The Pre-Retention Knowledge Of A Nonwitness Expert Under Federal Rule 26(H)(4)(B), David Day

Faculty Publications

No abstract provided.

Interpreting Plato's Euthyphro And Meno, Noel B. Reynolds

Faculty Publications

Plato's decision to use heuristic drama (in the tradition of Aeschylus and Sophocles) as a vehicle for his philosophical teachings forces the serious reader to make a careful examination of the literary elements of the dialogues. Plato's basic reason for using this literary form is to provide guidance for the interpretation of the content. As Kitto has observed, "In a great work of art, whether a play, a picture, or a piece of music, the connexion between the form and the content is so vital that the two may be said to be ultimately identical." It is therefore counterproductive to …

Water Pricing And Rent Seeking In California Agricultre, B. Delworth Gardner

Faculty Publications

Without irrigation water, agriculture in California would be little more than limited livestock grazing and some dryland farming of cereal crops. With irrigation water, California produces over 200 crops and is the leading agricultural state with nearly $4 billion in sales in 1980. The state's gross cash receipts from farm sales have consistently approached 10 percent of the U.S. total every year since 1960.

Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player

Faculty Publications

No abstract provided.

Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player

Faculty Publications

No abstract provided.

"Passing-On" The Right To Restitution, William J. Woodward Jr.

Faculty Publications

No abstract provided.

A Study Of Justice Pro Tempore Assignments In The California Supreme Court, Stephanie M. Wildman, Denise Whitehead

Faculty Publications

No abstract provided.

Defendant Class Actions And Federal Civil Rights Litigation, Angelo N. Ancheta

Faculty Publications

No abstract provided.

Taxation Of Boot Notes In A 351/453 Transaction, Patricia A. Cain

Faculty Publications

No abstract provided.

To Be Or Not To Be: Fcc Regulation Of Video Subscription Technologies, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

The Influence Of The Solicitor General Upon Supreme Court Disposition Of Federal Circuit Court Decisions: A Closer Look At The Ninth Circuit Record, Gerald F. Uelmen

Faculty Publications

No abstract provided.

On The Birth Of A Law Journal, Kenneth A. Manaster

Faculty Publications

No abstract provided.

Actions For Nonphysical Harm: The Relationship Between The Tort System And No-Fault Compensation (With An Emphasis On Workers' Compensation), Jean C. Love

Faculty Publications

No abstract provided.

Racial Differences In The Relation Of Birth Weight And Gestational Age To Neonatal Mortality, Greg R. Alexander, Mark E. Tompkins, Joan M. Altekruse, Carlton A. Hornung

Faculty Publications

Utilizing South Carolina live birth-infant death cohort files for the period 1975-80, this study examines the bivariate distribution of birth weight gestational age (BW-GA), intrauterine growth curves, and BW-GA specific neonatal mortality rates (NMRs) by race. Comparison of BW-GA distributions revealed an appreciable shift between racial subgroups. Nonwhites, on the average, were born 1 week earlier and 270 grams lighter in weight than whites. In addition to racial differences in rates of intrauterine growth, nonwhites experienced lower BW-GA NMRs than whites in BW-GA categories < 3,000 grams and < 38 weeks. However, the improved mortality experience of nonwhites at more immature BW-GA categories was not consistently present when different cause-specific NMRs were considered.

These persistent racial variations highlight continuing issues regarding both the use of a single norm for …

The Second Death Of Federalism, William W. Van Alstyne

Faculty Publications

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

A Revue Of Books, Paul A. Lebel

Faculty Publications

As a public service, I've looked at some of the less noticed but no less significant recent publications in law. The capsule reviews that follow admittedly do not do full justice to the impressive scholarship and acute analysis displayed in these books. These reviews necessarily can be little more than an encouragement to encounter for yourself the hours of pleasure afforded by intense scrutiny of these offerings.

Polygraph And Deception Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.

Firearms And Toolmark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Academic Library Services: The Literature Of Innovation, Jo Bell Whitlatch, Judy Reynolds

Faculty Publications

Innovation has the potential for increasing the effectiveness of information service. As a result of this interest in innovation, organizational theorists have begun to explore the effect of organizational design upon flexibility, creativity, and productivity of organizations. A review of existing literature, however, provides no comprehensive theory of organizational innovation. Research on organizational design and innovation in libraries could contribute to the systematic study of the impact of organization structure . Studies by Howard and Luquire indicate that traditional library organizations may inhibit change as well as the reexamination of values and service. Further study is needed to determine how …

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.

Maps And Globes: An Instructional Unit For Elementary Grades, Joan Duea, Janet Mcclain, Lynn Nielsen, Betty Strub

Faculty Publications

This unit of 20 classroom learning episodes is structured to improve students' ability to read and interpret maps and globes. Performance objectives; outlined in part 1; include developing map and globe skills to locate; acquire; organize; interpret; evaluate; and express knowledge and information. Each of the learning episodes in part 2 contains instructional objectives; learning activities; and materials needed to carry out the activity. The learning episodes require 1 to 3 days of instructional time. Activities are developed and materials are provided to teach: (1) the four cardinal directions; (2) the four intermediate directions; (3) use of map symbols and …

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.

Modeling And System Identification Of Residential Air Conditioning Load, Anil Pahwa, Charles W. Brice

Faculty Publications

A fairly detailed physically-based model of the residential air condit$ oning system is presented. It has been shown that the paramstors of tho model can be identified by making a sequenco of measuremonts of on/off cycles of the air conditioner and the onvironment variables. A scheme to determine aggregate demand of the air conditionors using duty factors is presented. The effect on energy consumption and poak duty fa9tor of change in model parameters is determined. Also, the effect of reduction in the supply voltage is studied using this model and it has been found that the steady state air conditioning …

Teaching Values Through Drama, Greta Berghammer

Faculty Publications

One dramatic technique to aid students in their discovery of values and value systems is "theatre-in-education" (TIE); a theatre event that takes place in schools; with actors working through roles for and with children. TIE aims to fuse education and theatre by having team members function as both teachers and actors; and the audiences of young people participate as both themselves and characters. TIE programs can be grouped into five categories ranging from full participation (category I); to full performance (category V). Topics that can be explored through TIE are personal freedom; peer pressure; and racial tolerance; leading students to …

Black History: African Heritage; American Heritage, Joan Duea

Faculty Publications

Providing elementary school teachers with materials to enhance student awareness of black heritage is the goal of this unit. Each of the 10 lessons includes objectives; materials; and procedures as well as supplementary materials that may be duplicated for student use. The land and people of Africa are studied in lessons one through three. Games; folktales; and songs are used in lesson four to study African culture. Children simulate a safari to learn the different countries of Africa. Lesson five explores the journey of blacks from slavery to freedom. Black contributions to U.S. society in politics; science and industry; art; …

Effects Of Water Quality And Water Quantity On Nutritional Status: Findings From A South Indian Community, James R. Hébert

Faculty Publications

Quantitative assessments of the relative effects on health of various aspects of water supply are virtually absent from the literature. Despite the lack of information, resources are being allocated throughout the developing world, for projects related to water and sanitation. The present study was designed specifically to overcome many of the methodological problems that other researchers have faced. Data were collected concerning the nutritional status of 627 children in three urban communities in South India. Information was also collected on water quality, water quantity, household sanitation, socioeconomic conditions, and housing. A statistical technique is presented that allows for controlling potential …

Comparison Of Haitian Children In A Nutrition Intervention Programme With Children In The Haitian National Nutrition Survey, G. G. Berggren, James R. Hébert, C. M. Waternaux

Faculty Publications

Weight-for-height and height-for-age data were compared for preschool-age Haitian children enrolled in a community health and nutrition intervention programme and children measured in the Haiti national nutrition survey of 1978. Cross-sections of the longitudinal data of the intervention programme corresponding to the season when the national survey was conducted (May to September) were chosen for the three years of available programme data (1969, 1970, 1971). Significantly less stunting was found in children in the 1970 and 1971 intervention group than in the children covered by the national survey. Tests of trend also showed that the height (or length) status of …

Blame This Messenger: Summers On Fuller, Paul A. Lebel

Faculty Publications

No abstract provided.

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.