Digital Commons Network^™

Promises, Promises: Polish Immigration To Brazil, 1871-1939, Anne Fountain

Faculty Publications

Beginning in the second half of the nineteenth century and extending to the outbreak of the Second World War, Brazil was to receive a stream of Polish immigrants seeking fabled "new lands" in South America. While there is a considerable literature on this subject, the vast majority of the works available are, of course, in Polish and Portuguese with a considerable number in German and Spanish. Very few items are available in English, and most of these works assume a fairly extensive knowledge of Polish history in addition to Latin American history. While there exist many fine scholars of Latin …

Prevention And Health Economics, Harold H. Gardner

Faculty Publications

The relationship between doctors and patients in the medical and health field is a topic of recurrent discussion today. The topic is of immense interest because of the questions raised about value received for services purchased and because of the large amount of economic resource consumed. The size of the stakes are such that the debate will grow in the near future until some solution is found to remedy the value and cost for service dilemma.

Tax Court Decision Unsettles Irs Subchapter S Procedures, Glenn E. Coven

Faculty Publications

No abstract provided.

The Economics Of Public Assistance For Private Nonindustrial Timber Sales In Mississippi, Steven H. Bullard, Robert J. Moulton

Faculty Publications

The U.S. South has many forestry advantages, yet public and private efforts are increasingly needed to encourage reforestation and active forest management in the region. The review draft of "The South's Fourth Forest, Alternatives for the Future" (USDA Forest Service 1987a) highlights the urgent need for increased efforts to ensure future timber availability:

... projections of resource change mean that the South is facing a future of rising stumpage and roundwood product prices, much lower rates of growth in timber harvests, and declines in employment in the forest industries" (p. xxxv).

The report also highlights great opportunities to increase forest …

U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

Impact Of New Technology On Timber Harvesting Costs: Evaluation Methods And Literature, F. W. Cubbage, B. J. Stokes, Steven H. Bullard

Faculty Publications

Timber harvesting and transport are crucial components of the cost of delivered wood to forest products processing facilities. In fact, harvesting and delivering wood often costs more than the entire costs of growing wood until harvest. As such, timber harvesting research and development are important. Additionally, research in this area is worthwhile because efficiency gains, cost improvements, and environmental benefits due to timber harvesting research can be realized in a very short time period, rather than the decades-long wait required for research investments in timber growing.

This paper provides an overview of the means of measuring the impact of new …

Florida Guardianship And The Elderly: The Paradoxical Right To Unwanted Assistance, Alison Barnes

Faculty Publications

No abstract provided.

On The Road Again: Driving Through The Barriers To International Litigation, Michael P. Waxman

Faculty Publications

No abstract provided.

When Is An Employer's Violation Of The Fair Labor Standards Act “Willful?", Jay E. Grenig

Faculty Publications

No abstract provided.

The "Especially Heinous” Standard: Objective Guidance In Capital Cases?, Daniel Blinka

Faculty Publications

No abstract provided.

Waiver Of Double Jeopardy Protection And Guilty Plea: How Final Is A Bad Deal?, Daniel Blinka

Faculty Publications

No abstract provided.

When Appealing Is Unappealing: A Look At The Constitutionality Of Anders Structures, Daniel Blinka

Faculty Publications

No abstract provided.

Can You Opt Out Of The Federal Arbitration Act By Agreeing To Abide By State Arbitration Laws?, Jay E. Grenig

Faculty Publications

No abstract provided.

Mandatory Student Fees: First Amendment Concerns And University Discretion, Christina E. Wells

Faculty Publications

This Comment analyzes the constitutional issues raised by the use of mandatory student fees to fund speech at public universities. Part I examines the interests of students and universities with respect to the use of such fees. Part II examines court decisions in this area. Part III looks to the nature of student fees and demonstrates that they are permissible exercises of university discretion. Parts IV and V discuss whether the Constitution requires a university, if it funds student organizations by mandatory fees, to fund all organizations equally, without regard to other students' objections to those organizations' viewpoints.

Self-Defense, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.

1987 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. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 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.

Thoughts On A Sda Theology Of Ordination, Miroslav Kis

Faculty Publications

No abstract provided.

Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff

Faculty Publications

This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …

The Purposes And Limits Of Independent Agencies, Paul R. Verkuil

Faculty Publications

The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …

Corporate Loans To Directors And Officers -- Every Business Now A Bank?, Jayne W. Barnard

Faculty Publications

In most states, a corporation may loan money to an officer or director if the board of directors authorizes the loan and finds that it will "benefit" the corporation. According to Professor Jayne W. Barnard, however, this benefit requirement has proved to be an illusory standard. Barnard reviews existing law on the subject and surveys the executive lending practices of 152 publicly held corporations. She concludes that executive loan enabling statutes have failed to consider the risks involved in making such loans, such as illiquidity, inadequate collateralization, inclination to default, and volatility of the economy. As a result, current laws …

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

Faculty Publications

Today, virtually all mortgages contain acceleration clauses permitting the mortgagee to accelerate the mortgage indebtedness upon default by the mortgagor as defined in the mortgage loan documentation. Section 8.1 of the new Restatement (Third) of Property: Mortgages [hereinafter Mortgages Restatement]1 endorses the view that these mortgage acceleration provisions are generally enforceable after default in accordance with their terms. Following default and acceleration, the mortgagor may prevent foreclosure only by redeeming the property from the mortgage debt, i.e., “only by paying or tendering to the mortgagee the full accelerated mortgage obligation.” Section 8.1(d)(3), however, places certain constraints upon the mortgagee's right …

Platelet-Derived Growth Factor Mrna Detection In Human Atherosclerotic Plaques By In Situ Hybridization, J. N. Wilcox, K. M. Smith, L. T. Williams, S. M. Schwartz, D. Gordon

Faculty Publications

Platelet-derived growth factor (PDGF) mRNA, and mRNA for its receptor, have been localized to specific cell types within the human atherosclerotic plaque, using in situ hybridization. The predominant cell types found to express PDGF A and B chain mRNA are mesenchymal-appearing intimal cells and endothelial cells, respectively, with little or no expression detected in macrophages. The distribution of PDGF receptor mRNA containing cells was also examined and found to be localized predominantly in the plaque intima.

Feminist Jurisprudence: Grounding The Theories, Patricia A. Cain

Faculty Publications

No abstract provided.

Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim

Faculty Publications

No abstract provided.

Lender Liability: Changing Or Enforcing The Ground Rules?, Jonathan Van Patten

Faculty Publications

No abstract provided.

Expert Discovery In The Eighth Circuit, An Empirical Study, David Day

Faculty Publications

No abstract provided.

Some Reflections On The Golden Anniversary Of The Federal Rules Of Civil Procedure, David Day

Faculty Publications

No abstract provided.

The Incidental Regulation Of Free Speech, David Day

Faculty Publications

No abstract provided.

Quasilinear Evolution Equations In Nonclassical Diffusion, Kenneth Kuttler, Elias Aifantis

Faculty Publications

After describing the motivation leading to some nonclassical diffusion equations, we formulate a general abstract nonlinear evolution equation and establish existence of solutions. Then we return to the original equation and discuss particular initial-boundary value problems.