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Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps Jan 1985

Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps

Faculty Publications

The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.

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Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck Jan 1985

Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck

Faculty Publications

Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …

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Foreward: The Use And Control Of Punitive Damages, David Owen Jan 1985

Foreward: The Use And Control Of Punitive Damages, David Owen

Faculty Publications

No abstract provided.

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All In The Family: Interpersonal Communication In Kin Relationships, Mary Anne T. Fitzpatrick, Diane M. Badzinski Jan 1985

All In The Family: Interpersonal Communication In Kin Relationships, Mary Anne T. Fitzpatrick, Diane M. Badzinski

Faculty Publications

No abstract provided.

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A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr Jan 1985

A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr

Faculty Publications

No abstract provided.

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Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson Jan 1985

Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …

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Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance Jan 1985

Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance

Faculty Publications

This paper addresses an important problem in modem legal philosophy: the problem of identifying the proper role of the concept of coercion in a general theory of the nature of law. The present state of philosophical art on this topic is the legacy of difficulties arising from a naive positivism - generally thought to have over-emphasized the role of coercive power. The resulting reaction in modem jurisprudence against the focus upon coercion reflects a failure to come to grips fully with the underlying methodological issues of descriptive legal theory.

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Polygraph And Deception Tests: Part Ii, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Expert Testimony, Paul C. Giannelli Jan 1985

Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli Jan 1985

Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck Jan 1985

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.

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Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman Jan 1985

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 …

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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 Jan 1985

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 …

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A Comparison Of Methods For Organ-Weight Data Adjustment In Chicks., D. R. Brown, L. L. Southern, D. H. Baker Jan 1985

A Comparison Of Methods For Organ-Weight Data Adjustment In Chicks., D. R. Brown, L. L. Southern, D. H. Baker

Faculty Publications

An experiment was conducted with 168 Arbor Acre X Peterson unsexed, crossbred broiler chicks to compare methods of expressing organ-weight data and to assess changes in organ weights and physiological parameters as body weight (97 to 791 g) and age (5 to 26 days) increased. Actual wet weight of liver, heart, intestine, spleen, and pancreas and percent bone ash increased (P less than .01) as age and body weight increased. Tibia length-to-width ratio decreased (P less than .01) as age and body weight increased. Blood hemoglobin, hematocrit, and plasma protein were not affected (P greater than .1) by age or …

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Effect Of Citric And Ascorbic Acids On Performance And Intestinal Ph Of Chicks., D. R. Brown, L. L. Southern Jan 1985

Effect Of Citric And Ascorbic Acids On Performance And Intestinal Ph Of Chicks., D. R. Brown, L. L. Southern

Faculty Publications

An experiment was conducted to investigate the effect of one percent dietary citric and ascorbic acid additions on performance and intestinal pH of young chicks. The citric and ascorbic acid additions did not affect chick performance or pH of the duodenal lumen contents. Also, pH of the duodenal lumen contents was not affected by 1:2 to 1:8 dilutions with distilled water.

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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 Jan 1985

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 …

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Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch Jan 1985

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 …

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Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield Jan 1985

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.

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Strategies For The Reduction And Interpretation Of Multicomponent Spectral Data., Isiah M. Warner, S. L. Neal, T. M. Rossi Jan 1985

Strategies For The Reduction And Interpretation Of Multicomponent Spectral Data., Isiah M. Warner, S. L. Neal, T. M. Rossi

Faculty Publications

No abstract provided.

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T0-Spaces And Pointwise Convergence, Jimmie D. Lawson Jan 1985

T0-Spaces And Pointwise Convergence, Jimmie D. Lawson

Faculty Publications

The purpose of this paper is to give several different characterizations of those T0-spaces E with the property that if F:X × E → Y is separately continuous, then it is jointly continuous. One such is that the lattice 0(E) of open sets of E be a hypercontinuous lattice (i.e. the interval topology on 0(E) is Hausdorff). If E is a sober space, then E must be a quasicontinuous poset endowed with the Scott topology. © 1985.

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The Pointwise-Local-Global Principle For Solutions Of Generic Linear Equations, William A. Adkins Jan 1985

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 …

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Essential Reflections Versus Minimal Embeddings, Anthony W. Hager, James J. Madden Jan 1985

Essential Reflections Versus Minimal Embeddings, Anthony W. Hager, James J. Madden

Faculty Publications

This note addresses the following question. In a category C, with a full subcategory X which is reflective with each reflection morphism an embedding, and a C-object A: when does each X-object containing A contain the X-reflection of A? We prove, under mild hypotheses on C, the equivalence of (1) The reflection morphism for A is an essential embedding, (2) Any 'minimal' embedding of A in an X-object is the X-reflection of A, (3) 'Always' is the answer to the question above, (4) The reflection functor C → X carries embeddings of A to embeddings. We note that these conditions …

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Magnetic Anisotropy In The Trenton Limestone: Results Of A New Technique, Anisotropy Of Anhysteretic Susceptibility, Chad Mccabe, Michael Jackson, Brooks B. Ellwood Jan 1985

Magnetic Anisotropy In The Trenton Limestone: Results Of A New Technique, Anisotropy Of Anhysteretic Susceptibility, Chad Mccabe, Michael Jackson, Brooks B. Ellwood

Faculty Publications

A new method for determining magnetic anisotropy using anhysteric remanence susceptibility is described. The magnetic fabric of a collection of Trenton Limestone specimens has been determined using this method, as well as by conventional anisotropy of magnetic susceptibility. The results demonstrate the usefulness of the new method for finding the magnetic fabric of rock units such as the Trenton in which the bulk magnetic susceptibilities are low. A model is proposed to explain the observed foliated and lineated fabric as a consequence of overburden compaction and regional horizontal stresses. The original fabric is inferred to have been isotropic; the anisotropy …

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Phase-Space Representations Of The Bloch Equation, R. F. O'Connell, Lipo Wang Jan 1985

Phase-Space Representations Of The Bloch Equation, R. F. O'Connell, Lipo Wang

Faculty Publications

We discuss the phase-space representation of the Bloch equation and present analytic expressions for two generalized classes of distribution functions. Series solutions to order of Latin small letter h with stroke2 are given. We conclude that the Wigner quantum corrections are the simplest among the two general classes of distribution functions. © 1985 The American Physical Society.

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Environmental And Genetic Sources Of Variation For Seminal Quality In Mature Holstein Bulls, J. E. Chandler, R. W. Adkinson, G. M. Hay, R. L. Crain Jan 1985

Environmental And Genetic Sources Of Variation For Seminal Quality In Mature Holstein Bulls, J. E. Chandler, R. W. Adkinson, G. M. Hay, R. L. Crain

Faculty Publications

Various environmental and genetic factors that influence seminal quality were evaluated for 149 Holstein bulls used extensively in nine artificial insemination organizations (studs). These bulls were sons of 16 sires. Seminal quality was measured by percent progressive motility immediately postthaw and after incubation at 3 h, 37°C, percent intact acrosomal membrane after incubation at 3 h 37°C, and percent primary and secondary abnormalities. Semen was thawed at 37 and 24°C. Spermatozoal concentration was counted with a hemocytometer. Bull age and season of collection were determined. Interaction of stud × thaw existed for both motility assessments and intact acrosomes, but 37°C …

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Rejection Of Murine Heterotopic Corneal Transplants, Larry Ray-Keil, John W. Chandler Jan 1985

Rejection Of Murine Heterotopic Corneal Transplants, Larry Ray-Keil, John W. Chandler

Faculty Publications

A murine heterotopic corneal transplant model has been developed using s.c. abdominal pouches as recipient sites. Donor-recipient genetic disparities involving H-2 antigens alone or H-2 plus non-H-2 antigens result in high rates of rejection. In addition, donor-recipient disparities involving non-H-2 antigens alone or H-Y antigen also result in significant, although lower, rates of rejection. In comparison, pretreatment of the donor grafts by hyperbaric oxygen, removal of the epithelial layer, or soaking in anti-la antibody plus complement results in statistically significant reductions in the rejection rates as compared with fresh, untreated donor tissue. These observations suggest that cells bearing Ia antigens …

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Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd Jan 1985

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.

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Jurisdiction And The Japanese Defendant, Robert Peterson Jan 1985

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.

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On The Birth Of A Law Journal, Kenneth A. Manaster Jan 1985

On The Birth Of A Law Journal, Kenneth A. Manaster

Faculty Publications

No abstract provided.

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Actions For Nonphysical Harm: The Relationship Between The Tort System And No-Fault Compensation (With An Emphasis On Workers' Compensation), Jean C. Love Jan 1985

Actions For Nonphysical Harm: The Relationship Between The Tort System And No-Fault Compensation (With An Emphasis On Workers' Compensation), Jean C. Love

Faculty Publications

No abstract provided.

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