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Articles 11341 - 11370 of 12465
Full-Text Articles in Entire DC Network
Fraud Bases Of Bulk Transferee Liability, Peter A. Alces
Fraud Bases Of Bulk Transferee Liability, Peter A. Alces
Faculty Publications
No abstract provided.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Faculty Publications
No abstract provided.
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
Faculty Publications
This article analyzes the 35-year evolution of the section 355 regulations from the perspectives of the jurisprudential dichotomy between general principles and detailed rules and administrative law theory as to agency discretion.
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
Red-Cockaded Woodpecker Colony Status And Trends On The Angelina, Davy Crockett And Sabine National Forests, Richard N. Conner, D. Craig Rudolph
Red-Cockaded Woodpecker Colony Status And Trends On The Angelina, Davy Crockett And Sabine National Forests, Richard N. Conner, D. Craig Rudolph
Faculty Publications
Abundant hardwood midstory, colony isolation, and habitat fragmentation are believed to be the causes for severe population declines of red-cockaded woodpeckers on three national forests in eastern Texas.
Theology Of Sexuality In The Song Of Songs: Return To Eden, Richard M. Davidson
Theology Of Sexuality In The Song Of Songs: Return To Eden, Richard M. Davidson
Faculty Publications
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Faculty Publications
No abstract provided.
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Faculty Publications
No abstract provided.
Guess Who's Coming To Worship? Worship And Evangelism, Patrick R. Keifert
Guess Who's Coming To Worship? Worship And Evangelism, Patrick R. Keifert
Faculty Publications
Too many congregations of mainline churches profess that they welcome strangers but are inhospitable when the stranger comes to worship. They know that worship is the single most important ingredient in why people join and remain active members in a congregation. They realize that they need to welcome strangers, so they try to be a warm, open family. Some of them believe they have achieved this model, but few do achieve it. The key to turning this situation around lies in the congregation’s attitude toward the stranger. This is especially true of the attitude of those who plan and lead …
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Potential For Biological Control Of Dendroctonus And Ips Bark Beetles, David Kulhavy, Mitchel C. Miller
Potential For Biological Control Of Dendroctonus And Ips Bark Beetles, David Kulhavy, Mitchel C. Miller
Faculty Publications
"The evolution of olfactory communication in bade beetles brought with it the parallel or coevolution of kairomonal systems in the natural enemy complexes. Entomophagous insects developed olfactory receptors and behavioral patterns responsive to insect and host-produced volatiles in the ecosystems of bark beetles. The phenomenon has both positive and negative implications for efforts to employ natural enemies in pest management."
Height. Growth Of Loblolly And Slash Pine Plantations In The Northern Post-Oak Belt Of Texas, M. Victor Bilan, R.S. Hansen
Height. Growth Of Loblolly And Slash Pine Plantations In The Northern Post-Oak Belt Of Texas, M. Victor Bilan, R.S. Hansen
Faculty Publications
Age accounted for over 70% of the variation in tree height of 1O- to 44- year-old loblolly pine (Pinus taeda L.) and slash (Pinus elliottii Engelm.) plantations established on deep sands, moderate sands, and nonsandy soils in the Northern Post-Oak Belt of Texas. Climatic and edaphic factors, relating either directly or indirectly to the amount of moisture available for tree use, explained up to 17% of height growth variation. Height growth of the plantations was comparable to that of plantations growing in the pine-mixed hardwood forest cover type of East Texas. The Northern Post-Oak Belt of Texas is an area …
Death, Suffering, Predation, Animal Rights And Interpretation, Denis Hahn, Paul Risk
Death, Suffering, Predation, Animal Rights And Interpretation, Denis Hahn, Paul Risk
Faculty Publications
No abstract provided.
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Faculty Publications
No abstract provided.
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Faculty Publications
No abstract provided.
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Faculty Publications
No abstract provided.
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Faculty Publications
No abstract provided.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Faculty Publications
Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …
The Supreme Court And The Shareholder Litigant: Basic, Inc. V. Levinson In Context, Jayne W. Barnard
The Supreme Court And The Shareholder Litigant: Basic, Inc. V. Levinson In Context, Jayne W. Barnard
Faculty Publications
No abstract provided.
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
Faculty Publications
Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.
Coronary Arteriography And Coronary Bypass Survey Among Whites And Other Racial Groups Relative To Hospital-Based Incidence Rates For Coronary Artery Disease: Findings From Nhds, E. Ford, R. Cooper, A. Castaner, B. Simmons, M. Mar
Coronary Arteriography And Coronary Bypass Survey Among Whites And Other Racial Groups Relative To Hospital-Based Incidence Rates For Coronary Artery Disease: Findings From Nhds, E. Ford, R. Cooper, A. Castaner, B. Simmons, M. Mar
Faculty Publications
To assess racial differences in health care utilization for coronary artery disease (CAD) the data of the National Hospital Discharge Survey (NHDS) from 1979-84 were examined. Discharge rates for acute myocardial infarction (AMI) were utilized as a measure of hospital-based incidence and relative need for the designated cardiac procedures. Although 35-74 year old Black men had discharge rates of AMI that were 77 per cent of those observed for White men, they underwent coronary arteriography half as often and were only a third as likely to have coronary artery bypass graft (CABG) surgery. Black women in this age range were …
Reference Standards For Flow Cytometry And Application In Comparative Studies Of Nuclear Dna Content, Terrence R. Tiersch, Robert W. Chandler, Stephen S. Wachtel, Sherman Elias
Reference Standards For Flow Cytometry And Application In Comparative Studies Of Nuclear Dna Content, Terrence R. Tiersch, Robert W. Chandler, Stephen S. Wachtel, Sherman Elias
Faculty Publications
Nuclear DNA mass in cells from a reference species can be used to obtain high‐resolution estimates of DNA mass from a target species. In our study of DNA mass in cells from 45 selected species, representing each of the major vertebrate classes, we have obtained values of from 1.5 to 110.0 pg of DNA. Because values in or near this range would be expected in the study of nuclear DNA mass in vertebrates and other organisms, the species in this report can provide a useful catalogue of references for comparative studies of DNA. Copyright © 1989 Wiley‐Liss, Inc.
Privacy And The Other Miss M, Dorothy J. Glancy
Privacy And The Other Miss M, Dorothy J. Glancy
Faculty Publications
No abstract provided.