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“Indians,” “Braves,” And “Redskins”: A Performative Struggle For Control Of An Image, Jackson B. Miller Jan 1999

“Indians,” “Braves,” And “Redskins”: A Performative Struggle For Control Of An Image, Jackson B. Miller

Faculty Publications

Native American groups across the country have been protesting the use of their symbols and heritage in sports arenas for over a decade. Yet, particularly in the realm of professional sports, these protests have not generated significant changes in attitudes and practices. This critical essay examines several Native American protest events to reveal the factors contributing to the failure of the reform movement and to suggest some strategies for rhetorically reformulating the campaign.

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Iconic Animation Of Construction Simulation, Jonathan Jingsheng Shi, H. Zhang Jan 1999

Iconic Animation Of Construction Simulation, Jonathan Jingsheng Shi, H. Zhang

Faculty Publications

This paper presents a continuous research effort the animation function in the development of the Activity-Based Construction (ABC) modeling and simulation system. ABC animation uses the constructed ABC simulation model as the animation background; and pre-created images of simulation entities move around along individual execution paths on the ABC model. A library of icons consisting of common construction entities has been created in the ABC system. To perform animation function in ABC only involves one simple additional task for the user to select an appropriate icon for a simulation entity.

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At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal Jan 1999

At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

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Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton Jan 1999

Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton

Faculty Publications

No abstract provided.

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Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider Jan 1999

Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider

Faculty Publications

No abstract provided.

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The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman Jan 1999

The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman

Faculty Publications

This article examines the causes, nature, and potential demise of a federal judicial practice known as hypothetical jurisdiction, whereby a court renders a binding judgment in a case without first verifying that it has the power to do so. By the mid-1990s, every federal court of appeals had adopted the practice, despite the fact that it violated fundamental tenets of judicial power and, in some cases, the Constitution itself. In 1998, the Supreme Court attempted to repudiate this practice, but the scope of the repudiation was not clearly delineated and the Court left unresolved a number of questions and left …

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From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney Jan 1999

From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney

Faculty Publications

No abstract provided.

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Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson Jan 1999

Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson

Faculty Publications

No abstract provided.

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Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino Jan 1999

Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig Jan 1999

When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig Jan 1999

Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig Jan 1999

Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig Jan 1999

Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Planning For A Disabled Child, Judith G. Mcmullen Jan 1999

Planning For A Disabled Child, Judith G. Mcmullen

Faculty Publications

Estate planning must be handled with care to ensure that the disabled child is adequately provided with financial resources and personal assistance throughout his or her life span. This article examines many means for doing so without jeopardizing the child's chances for receiving government assistance.

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Financial Abuses Of Elderly Clients, Alison Barnes Jan 1999

Financial Abuses Of Elderly Clients, Alison Barnes

Faculty Publications

This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.

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Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal Jan 1999

Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

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Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal Jan 1999

Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal

Faculty Publications

What are a lawyer's ethical obligations to a client after termination of duties contracted? Is the legal professional responsible for actions on the part of a party other than the client as a result of advice given to a client? Exactly who is the client when more than one person is involved?

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Review: The Essence Of Property Law, Vada Waters Lindsey Jan 1999

Review: The Essence Of Property Law, Vada Waters Lindsey

Faculty Publications

No abstract provided.

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The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey Jan 1999

The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey

Faculty Publications

No abstract provided.

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Digital Recording Of Real Estate Conveyances, Dale A. Whitman Jan 1999

Digital Recording Of Real Estate Conveyances, Dale A. Whitman

Faculty Publications

The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.

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Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck Jan 1999

Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck

Faculty Publications

In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …

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Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen Jan 1999

Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen

Faculty Publications

No abstract provided.

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South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford Jan 1999

South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford

Faculty Publications

No abstract provided.

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Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn Jan 1999

Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn

Faculty Publications

This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …

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Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn Jan 1999

Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn

Faculty Publications

The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …

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Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig Jan 1999

Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Manslaughter And Other Homicides, Paul C. Giannelli Jan 1999

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Murder And Aggravated Murder, Paul C. Giannelli Jan 1999

Murder And Aggravated Murder, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen Jan 1999

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.

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A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman Jan 1999

A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman

Faculty Publications

Health insurance coverage for experimental treatments has generated significant debate and frequent litigation in recent years. In many cases, denials of coverage for investigational therapies constitute economically and ethically sound policy. This article argues, however, that health insurance providers should be required to cover experimental treatments in limited circumstances, namely, when they are administered in phase III clinical trials to patients with terminal illnesses who are likely to die within two years. This coverage mandate would help the sickest patients, who have no other treatment options, and would benefit medical researchers, who often face a dearth of patients willing to …

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