Digital Commons Network^™

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck

Faculty Publications

A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.

Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman

Faculty Publications

The half-century from 1936 to 1986 has seen astonishing growth in the law and in legal education. Among countless illustrations are the enormous expansion of the law of products liability, the promulgation and adoption of numerous Model and Uniform Acts and Codes, and the adoption of the Federal Rules of Civil Procedure and of Evidence. In Missouri, procedural civil and criminal codes have been created, a new Constitution has been adopted, and the judiciary has recently abandoned the doctrine of contributory negligence in favor of a system of pure comparative fault, working a fundamental change in our common law of …

Anatomy Of The Herpes Simplex Virus 1 Strain F Glycoprotein B Gene: Primary Sequence And Predicted Protein Structure Of The Wild Type And Of Monoclonal Antibody-Resistant Mutants, P. E. Pellett, K. G. Kousoulas, L. Pereira, B. Roizman

Faculty Publications

In this paper we report the nucleotide sequence and predicted amino acid sequence of glycoprotein B of herpes simplex virus 1 strain F and the amino acid substitution in the domains of the glycoprotein B gene of three mutants selected for resistance to monoclonal antibody H126-5 or H233 but not to both. Analyses of the amino acid sequence with respect to hydropathicity and secondary structure yielded a two-dimensional model of the protein. The model predicts an N-terminal, 29-amino-acid cleavable signal sequence, a 696-amino-acid hydrophilic surface domain containing six potential sites for N-linked glycosylation, a 69-amino-acid hydrophobic domain containing three segments …

Comparison Of Drug Effects On Fixed‐Ratio Performance And Chain Performance Maintained Under A Second‐Order Fixed‐Ratio Schedule, Peter J. Winsauer, Donald M. Thompson, Joseph M. Moerschbaecher

Faculty Publications

In one component of a multiple schedule, pigeons were required to complete the same four‐response chain each session by responding sequentially on three identically lighted keys in the presence of four successively presented colors (chain performance). Food presentation occurred after five completions of the chain (i.e., after 20 correct responses). Errors, such as responding on the center or right key when the left was designated correct, produced a brief timeout but did not reset the chain. In the other component, responding on a single key (lighted white) was maintained by food presentation under a fixed‐ratio 20 schedule. In general, phencyclidine …

Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch

Faculty Publications

The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …

Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield

Faculty Publications

This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.

The Pointwise-Local-Global Principle For Solutions Of Generic Linear Equations, William A. Adkins

Faculty Publications

The problem studied in this paper is to determine some conditions on a matrix A over a ring R which will insure that the matrix equation Au = f is solvable over R if it is solvable over the residue field {A figure is presented}({A figure is presented}) for every {A figure is presented} ∈ Spec R. If R is a regular local ring (containing a field), a polynomial ring over an algebraically close field, or the ring of holomorphic functions on a Stein manifold, then a sufficient condition on A for pointwise solvability to imply global solvability is that …

Plain Yiddish For Lawyers, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Relationship Between Employment Agreements And Trade Secret Litigation In Minnesota: The Evolution Of Trade Secret Law From Cherne To Electro-Craft, Patrick Garry

Faculty Publications

Employment agreements have a significant impact on trade secret litigation. Minnesota common law provides two causes of action for employers seeking to protect trade secrets: breach of contract and tort misappropriation. The Uniform Trade Secrets Act, enacted in Minnesota in 1980, now provides employers with an independent tort cause of action for trade secret misappropriation. This Article examines the evolution of trade secret case law in Minnesota, the effect of the Uniform Act, and the recent decision of the Minnesota Supreme Court in Electro-Craft Corp. v. Controlled Motion, Inc. It concludes that properly drafted employment agreements are essential for an …

Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study In South Dakota, David Day

Faculty Publications

No abstract provided.

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.

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 …

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.

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

Faculty Publications

No abstract provided.

Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins

Faculty Publications

No abstract provided.

Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

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.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

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 …

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.

Barriers To Adoption Of Special Needs Children: A National Study, James G. Mccullagh

Faculty Publications

This exploratory study analyzed the incidence and nature of barriers experienced by applicants wishing to adopt special needs children; defined as: "children who are older; have physical disabilities; are emotionally troubled; or are mentally retarded. Many are Black or Hispanic. Some are brothers and sisters who need a home together." Between mid-January and the end of June 1984; approximately 13;000 questionnaires were mailed to affiliates of the North American Council on Adoptable Children (NACAC); foster parents associations; and other groups and individuals. Usable surveys were returned by 535 respondents; of whom 55.7 percent were identified as having experienced a homestudy …

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 …