Digital Commons Network^™

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.

Toward A Practical Estate-Tax Exclusion For Family-Run Businesses: Analysis Of Section 2033a And Proposal For Reform, Eric D. Chason, Robert T. Danforth

Faculty Publications

In a previous work appearing in this Journal, the authors proposed an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth. In this Article, the authors analyze, in the context of their earlier work, the new estate-tax exclusion for closely held businesses (section 2033A) created by the Taxpayer Relief Act of 1997. The authors describe the features of a practical family-run business exclusion and conclude that section 2033A, in its present form, fails as a practical exclusion. The authors catalogue those elements of section 2033A that should be retained and propose reforms of those …

A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear

Faculty Publications

No abstract provided.

The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes

Faculty Publications

No abstract provided.

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Foreword: Government Lawyering, Neal Devins

Faculty Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence

Faculty Publications

The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of …

Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Farewell To Kenneth A. Strand, Jerry Moon

Faculty Publications

No abstract provided.

Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller

Faculty Publications

No abstract provided.

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.

An Investigation Of The Amount Of Emphasis Placed On Content And Delivery By Instructors Of Public Speaking, Paul J. Siddens Iii

Faculty Publications

A study examined how much emphasis instructors of public speaking place on content and delivery when teaching and delivering oral and written critiques. The study sought to determine whether when teaching a hybrid introduction to communication course; or public speaking course; instructors are challenged with teaching their students about issues related to the content of the speech; such as the introduction and conclusion; organization; supporting evidence; and issues related to physical and vocal delivery such as appearance; gestures; eye contact; volume; rate; and vocal variety. This was a pilot study to test the research questions; survey instrument; and methodology used …

“Are We Doing Multicultural Education Yet?” Review Article Of Timothy’S Reagan’S Non-Western Educational Traditions, Rosemary C. Henze

Faculty Publications

No abstract provided.

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Actions, Jennifer O'Hare

Faculty Publications

The conventional wisdom is that the puffery defense is inapplicable in securities regulation. However, appellate courts in almost every federal circuit have recently used the puffery defense to dismiss private securities fraud actions that were based on vague statements of corporate optimism. This Article demonstrates that the courts have misused the puffery defense and have improperly insulated companies from liability for their misrepresentations. It contends that the assumptions justifying the use of the puffery defense are not present in securities transactions and that the federal securities laws have expressly rejected the very doctrine underlying the puffery defense-caveat emptor. Arguing that …

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.

Spanish Diphthongization As A Non-Derivational Phenomenon, David Eddington

Faculty Publications

In a previous study on derivational morphology (Eddington 1996), the alternation between the unstressed mid-vowels /e/ and lo/, and the stressed diphthongs /je/ and /we/ was seen to escape straigh tforward explanation in rule-based a nalyses. Diphthongization in Spanish was instead attributed to the influence of other lexical items which contain the same derivational suffix.

The purpose of the present study is twofold. First, an experiment was carried out to test the validity of the findings of the previous study. Spanish speakers completed a questionn aire in which they decided between neologisms containing mid-vowels or diphthongs (e.g. hielo 'ice'+ -azo …

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Faculty Publications

No abstract provided.

Reform Of Adult Guardianship Law, John E. Donaldson

Faculty Publications

No abstract provided.

How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman

Faculty Publications

In any given case, the judge's view of the jury may mani­fest itself as a complex and subtle mixture of respect, gratitude, con­cern, pride, impatience, and even frustration. But more revealing than what judges say about juries is what judges do to prepare jurors for their roles in civil cases. This paper explores the various indicators of judges' views of the civil jury, including the social and institutional factors and contemporary jury reform efforts that affect judges' views about the civil jury.

This abstract has been taken from the authors' introduction.

Health Insurance Portability: The Consequences Of Cobra, Brigitte C. Madrian

Faculty Publications

THE RESPONSE OF THE CLINTON ADMINISTRATION and Congress to the failed attempt at fundamental health care reform in 1993 has been a series of incremental measures that expand the government’s role in the health care system. One recent initiative, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricts the ability of insurers to exclude preexisting medical conditions from insurance coverage. It also requires insurance companies to issue or renew coverage for individuals who have been insured but who no longer have access to group health insurance coverage. Those provisions are intended to address the issue of health insurance …

Efficacy Of A Tr Self-Esteem Program For Emotionally Disturbed Adolescents In A Treatment Setting, Ramon B. Zabriskie

Faculty Publications

The purpose of this study was to determine the effectiveness of a modularized therapeutic recreation self-esteem program (that included outdoor adventure based components) provided for adolescents in a residential treatment center. Data were also collected on demographic variables including age, gender, and ethnicity. Subjects consisted of 112 adolescent patients ranging from ages 12 to 17, with an average length of stay of nine months to one year.

Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.