Digital Commons Network^™

Torts-- Federal Preemption Of State Common Law-- Federal Cigarette Labeling & Advertising Act, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

This case note examining Supreme Court's landmark preemption decision in Cipollone v. Liggett Group.

Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."

The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Faculty Publications

Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …

A Performance Evaluation Of Edging And Trimming Operations In U.S. Hardwood Sawmills, Tony El-Radi, Steven H. Bullard, Philip Steele

Faculty Publications

Edger and trimmer operators must make constant decisions in short time periods on the amount of materials to remove from boards produced in the sawmill. Their decisions directly affect the total volume, grade, and value of the boards, and they therefore directly affect the total value of lumber produced. In recent years, many softwood sawmills have installed computer controlled edgers and trimmers with scanners and optimizers to achieve higher recovery rates. Before similar, relatively expensive, technologies can be seriously evaluated for the hardwood industry, however, the current performance of edging and ·trimming operations must be known. Using a sample of …

Growth Models Of Loblolly And Shortleaf Pine Red-Cockaded Woodpeckers Nesting Trees, W. D. Hacker, W. G. Ross, David Kulhavy

Faculty Publications

No abstract provided.

Characterizing Fusiform Rust Incidence And Distribution In East Texas, J. David Lenhart, Gary D. Kronrad, A. Gordon Holley, T.G. Gregoire

Faculty Publications

Three measurement cycles were completed on an extensive network of loblolly( Pinus taeda L.) pine and slash (Pinus elliottii Engelm.) pine plots in industrial plantations throughout East Texas in 1984, 1987, and 1990.Because the incidence of fusiform rust caused by Cronartium quercuum [Berk.] Miyabe ex Shirai f. sp. fusiforme had been recorded at each measurement, it is possible to characterize the temporal and geographic distribution of fusiform rust among these industrial pine plantations in East Texas. Average rust incidence for each species by two year age classes is presented. For loblolly pine, there is no apparent change in overall average …

Characterization Of An Old-Growth Bottomland Hardwood Wetland Forest In Northeast Texas: Harrison Bayou, Laurence C. Walker, Thomas Brantley, Virginia Burkett

Faculty Publications

Most wetland losses in the southern region over the past 200 years have occurred in bottomland hardwood forests. By 1980 the original extent of palustrine bottomland in Texas had been reduced by 63%, from roughly 16 to 6 million acres. Additional losses have occurred during more recent years as a result of conversion to agriculture and timber harvests; these factors and the need to supply new hardwood chip mills in the region pose a potential threat to the remaining hardwood resource. The Harrison Bayou watershed in northeast Texas contains one of the few relatively undisturbed bottomland hardwood wetland forests in …

Forval A Software Package For Forestry And Natural Resources Project Valuation, Thomas J. Straka, Steven H. Bullard

Faculty Publications

FORV(AFLO ResVt ALuationis) an interactive, user-friendly computeprr ogramfo r discountedc ash flow analysis of forestry andn atural resource investments.M anyfo rest economics applicationsa re includeda nde mphasiiss on the nonindustrial privatef orest sector; howeveri,n dustrya ndp ublics ector applications are easily performewdi th the programC. alculations includen et presentv alue, equivalenta nnuali ncome,b enefit/ cost ratio, internal rate of return, future value, sinking funds, installmentp aymentsa, ndl and expectationv alue. Thep rogram also allows the user to accountf or amortizationo f reforestation costs andd epletiona llowancesI. t includess elf-contained instructionsa ndw ill generatet he details of key calculations. FORVsAhLou ldp …

Basic Concepts In Computer Analysis Of Forestry Investments, Steven H. Bullard, Thomas J. Straka

Faculty Publications

In the last 20 years alone, computer hardware and software developments have dramatically increased our ability to calculate financial criteria quickly and accurately. While these advances have dramatically increased our ability to calculate, they have not replaced the need to understand what is being calculated, or how the results should be interpreted and applied. Our objective in the present article is to provide background information for understandingthe "what" and "how" of computer applications for forestry investment analysis. We briefly discuss the most important financial criteria that are calculated by investment analysis computer programs; we also describe their recommended uses and …

Building Blocks Of Analysis: Using Simple "Sesame Street Skills" And Sophisticated Educational Learning Theories In Teaching A Seminar In Legal Analysis And Writing, Nancy A. Wright

Faculty Publications

No abstract provided.

Backfilling Canals To Restore Wetlands: Empirical Results In Coastal Louisiana, R. Eugene Turner, James M. Lee, Christopher Neill

Faculty Publications

Wetland restoration is largely a developing science and engineering enterprise. Analyses of results are too few and constrained to observations over a few years. We report here on the effectiveness of one restoration technique used sparsely in coastal Louisiana for several decades. Canals have been dredged in coastal Louisiana wetlands since 1938 for oil and gas exploration and extraction. These canals are typically dredged to 2.5 m depth and are 20 to 40 m wide. Canal lengths vary from 100 m to several 1000s m in the case of outer continental shelf pipeline canals that cross the wetlands.

Today, thousands …

Beginner's Resolve: An Essay On Collaboration, Clinical Innovation, And The First-Year Core Curriculum, Margaret M. Russell

Faculty Publications

No abstract provided.

The Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, Edward A. Fallone

Faculty Publications

No abstract provided.

Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry

Faculty Publications

No abstract provided.

The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather

Faculty Publications

This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.

The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman

Faculty Publications

No abstract provided.

The Black Panther Party's Narratives Of Resistance, David Ray Papke

Faculty Publications

Papke’s article illustrates the power and importance of personal storytelling. To illustrate his point, Papke focuses on the personal narratives of Huey Newton, Bobby Seale and Eldridge Cleaver; important leaders in the development of the Black Panther Party. Papke uses their personal narratives as a means to explain their ideological underpinnings as well as their condemnation of the police department as an oppressive institution. The article also demonstrates how narratives can be illustrative of countering social pressures. In this case those interested in resisting the dominating influence of one group may benefit from the narratives of these individuals.

Eugene Debs As Legal Heretic: The Law-Related Conversion, Catechism And Evangelism Of An American Socialist, David Ray Papke

Faculty Publications

No abstract provided.

Disabled Employees Versus Reluctant Employers: Who Wins When The Evidence Is Equal?, Jay E. Grenig

Faculty Publications

No abstract provided.

“California Dreamin'”: May A State Limit Its Welfare Benefits Based On Length Of Residency?, Jay E. Grenig

Faculty Publications

No abstract provided.

Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.

Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins

Faculty Publications

No abstract provided.

Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne

Faculty Publications

No abstract provided.

Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Direct Simulation Monte Carlo For Thin Film Bearings, Alejandro Garcia, B. Alder, F. J. Alexander

Faculty Publications

The direct simulation Monte Carlo (DSMC) scheme is used to study the gas flow under a read/write head positioned nanometers above a moving disk drive platter (the slider bearing problem). In most cases, impressive agreement is found between the particle-based simulation and numerical solutions of the continuum hydrodynamic Reynolds equation which has been corrected for slip. However, at very high platter speeds the gas is far from equilibrium, and the load capacity for the slider bearing cannot be accurately computed from the hydrodynamic pressure.

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Juvenile Court Bindover Hearings, Paul C. Giannelli

Faculty Publications

No abstract provided.

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld

Faculty Publications

This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's conviction in Parker v. Levy, its decision obscures the political content of Levy's court-martial and its relationship to the war. At the court-martial Levy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers of women and …