Digital Commons Network^™

Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem

Faculty Publications

This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …

Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams

Faculty Publications

As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.

Rethinking Excessive Force, R. Wilson Freyermuth

Faculty Publications

Each year claimants file thousands of section 1983 actions against law enforcement or prison officials. Many of these claimants allege that officials used excessive force against them in violation of their constitutional rights. Despite the large number of excessive force cases in the federal courts, however, the Supreme Court has decided only two excessive force cases brought under section 1983. In Whitley v. Albers, the Court elaborated the appropriate standard for determining whether the shooting of a prisoner violated the eighth amendment. In Tennessee v. Garner, the Court applied the fourth amendment to strike down a Tennessee statute that authorized …

The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer

Faculty Publications

Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.

Giovanni Maria Artusi's L'Artusi Overo Delle Imperfettioni Della Moderna Musica (1600): A Translation And Commentary, Malcolm Litchfield

Faculty Publications

Giovanni Maria Artusi is well known for his conservative role in the debate between advocates of the prima and seconda pratiche. Contemporary authors marvel at Artusi's audacity in criticizing the genius of Monteverdi. Though often viewed as a pedant, Artusi was a significant Italian theorist who understood ancient Greek theory and had innovative ideas for applying this ancient knowledge to modern practice.

L' Artusi, overo Delle imperfettioni deIla moderna musica was written to illuminate and correct errors Artusi found in contemporary scholarship (chiefly in Bottrigari's work) and composition (specifically, certain liberties in Monteverdi's madrigals). Artusi effectively argues for a universal …

Research On Effective Schools: Implications For Less Developed Countries, Elchanan Cohn, Richard A. Rossmiller

Faculty Publications

No abstract provided.

An Interested Response To A Wholly Disinterested Assessment: Lebel On Summers On Lebel On Summers On. . .Er. . .Um. . .Oh, Yeah. . .Fuller, Paul A. Lebel

Faculty Publications

No abstract provided.

Program Development In Public History: A Look To The Future, Michael C. Scardaville

Faculty Publications

No abstract provided.

Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer

Faculty Publications

The primary emphasis of this article will be on the application of proximate cause in strict liability cases involving physical harm to person or property. This includes breach of implied warranty cases causing physical harm as well as strict tort liability cases. For purposes of the matters discussed in this article, the two theories are essentially the same. The major difference between the theories is that warranty law may recognize some contract defenses that do not apply in strict tort cases. The article will also discuss negligence cases for purposes of comparison and contrast with the strict liability cases. This …

Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow

Faculty Publications

No abstract provided.

Commentary On Law: Wallowing In Intention, Gene R. Nichol

Faculty Publications

No abstract provided.

An Ecumenical Horizon For "Canon Within A Canon"?, Patrick R. Keifert

Faculty Publications

No abstract provided.

The Parish As A Confessing Community, Gary M. Simpson

Faculty Publications

No abstract provided.

Aurealcaulis Crossii Gen. Et Sp. Nov., An Arborescent, Osmundaceous Trunk From The Fort Union Formation (Paleocene), Wyoming, William D. Tidwell, Lee R. Parker

Faculty Publications

Aurealcaulis crossii gen. et sp. nov., is based on permineralized trunks of an osmundaceous tree fern from the Paleocene Fort Union Formation from near Bitter Creek Station of southwestern Wyoming. This new species is characterized by centripetal (exarch) development of its xylem strands which form part of the leaf traces. Most of the leaf traces depart the stele as two segments that fuse into a single C-shaped petiole vascular strand outside of the outer cortex. Stipular expansions of the petiole bases of this species lack sclerenchyma, and roots arise from the lateral edges of leaf traces in the inner cortex. …

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.

Between Philosophy And Politics: The Alienation Of Political Theory By John G. Gunnell, Daniel R. Sabia

Faculty Publications

No abstract provided.

Forval: A Computer Program For Forest Valuation, Steven H. Bullard, Thomas J. Straka, T. G. Matney

Faculty Publications

FORVAL (FORest VALuation) is a computer program for cash-flow analysis of forestry investments. The FORTRAN 77 program is available from the MAFES Forestry Department for Data General computers using the Advanced Operating System with Virtual Storage, and for IBM-compatible personal computers (send letter of request and 51!.-inch diskette to P.O. Drawer FR, Mississippi State, MS 39762).

Costs And Cost Trends For Forestry Practices In The South, William F. Watson, Thomas J. Straka, Steven H. Bullard

Faculty Publications

Cost estimates of practicing forestry in the South during 1986 and cost changes during the 1952-1986 period are presented in this report. Albert C. Worrell reported the original cost study in Forest Farmer in May 1953. His work was updated by James G. Yoho and Robert B. Fish in the November 1961 issue of Forest Farmer. Other revisions include James G. Yoho, George F . Dutrow, and James Moak (Forest Farmer, 1971); James Moak and Jim Kucera (Forest Farmer, 1975); James Moak, James Kucera, and W.F. Watson (Forest Farmer Manual, 1977); James Moak, W.F. Watson, and Paul Van Deusen (Forest …

Impairment Of Collateral Under Section 3-606 Of The Uniform Commercial Code, Carolyn Edwards

Faculty Publications

No abstract provided.

Procedural Due Process: May Labor Order Reinstatement Without A Prior Evidentiary Hearing?, Jay E. Grenig

Faculty Publications

No abstract provided.

International Discovery: Mining The Depths Of The Hague Evidence Convention, Michael P. Waxman

Faculty Publications

No abstract provided.

Can A Supervisor Be Disciplined For Working Without A Collective Bargaining Agreement With The Union?, Jay E. Grenig

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

Privacy, Emotional Distress, And The Limits Of Libel Law Reform, Jonathan L. Entin

Faculty Publications

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Book Review Of Deliverance In The Psalms: Messages Of Hope For Today, By Hans K. Larondelle, Richard M. Davidson

Faculty Publications

No abstract provided.