Digital Commons Network^™

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

Articles

No abstract provided.

Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs

Articles

No abstract provided.

Suffolk University Academic Catalog, College Of Arts And Sciences And School Of Management, 1990-1991, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the day, evening, and graduate programs

Blue Cross And Blue Shield Of Florida Annual Report: 1990, Blue Cross Of Florida, Inc.

Florida Blue Archives Printed Materials

Annual company report for 1990 detailing Blue Cross of Florida's business operations, financial assets and expenditures, and executive leadership.

Discriminatory Speech And The Tort Of Intentional Infliction Of Emotional Distress, Jean C. Love

Faculty Publications

No abstract provided.

A Critique Of Justice Antonin Scalia's Approach To Fundamental Rights Adjudication, E. Gary Spitko

Faculty Publications

No abstract provided.

Aliens--Immigration And Nationality Act--Foreign Logging Vessels' Crane Operators Are Not Alien Crewmen Entitled To Enter The United States Without Work Visas International Longshoremen's And Warehousemen's Union V. Meese, 833 F.2d 1443 (9th Cir. 1989), Sandee Magliozzi

Faculty Publications

No abstract provided.

Academics And Athletics On A Collision Course, Robert N. Davis

North Dakota Law Review

No abstract provided.

Mandatory Aids Testing And Privacy: A Psycholegal Perspective, Emily Campbell

North Dakota Law Review

No abstract provided.

Indians - Domicile: Federal Definition Of Domicile Determines Jurisdiction Under Indian Child Welface Act, Lynn A. Kerbeshian

North Dakota Law Review

No abstract provided.

Application Of The Hearsay Exceptions And Constitutional Challenges To The Admission Of A Child's Out-Of-Court Statements In The Prosecution Of Child Sexual Abuse Cases In North Dakota, Anna Frissell, James M. Vukelic

North Dakota Law Review

No abstract provided.

History, Historiography, And The Appraisal Of University Records, Carl Van Ness

Provenance, Journal of the Society of Georgia Archivists

Rookie university archivists are ill-prepared for the responsibilities entailed in the management of an academic archives. First, there is the unique institutional setting. The unusual and varied systems of university governance make strict adherence to the paradigms for archival arrangement and description impractical at times. Second, and more vexing, is the fact that few college and university archivists are intellectually prepared. Unless the archivist is a devoted alumnus, he or she must first study the institution's history, mythology, and cultural traditions. But what of the larger academic world? Unfortunately, most archivists know little about the development of American higher education …

Exploring The New South Agenda In The Records Of Southern Colleges And Universities, Sara J. Harwell

Provenance, Journal of the Society of Georgia Archivists

On 21 December 1886, Southern editor Henry W. Grady gave a speech at New York's Delmonico's Restaurant in which he called for the South to lift itself out of its slump of poverty, backwardness, and defeatism, and make itself over into a New South. In this speech, soon to be known as the New South speech, Grady stated: "The Old South rested everything on slavery and agriculture, unconscious that these could neither give nor maintain healthy growth. The new South presents a perfect democracy, the oligarchs leading in the popular movement-a social system compact and closely knitted, less splendid on …

Short Subjects: Georgia Ghosts, Or Where Are They Now?: One Researcher's Catalog Of Georgia's Missing Historical Records, Robert S. Davis Jr.

Provenance, Journal of the Society of Georgia Archivists

Ghosts haunt places like attics, old barns, and university libraries. They live in the minds of researchers seeking in frustration that missing document, pamphlet, or book mentioned in an earlier source. Even when the text of a document has survived in some form, researchers sometimes have gone to great lengths to find the original manuscript for the assurance that nothing more can be found there.

Short Subjects: Moving, Todd Ellison

Provenance, Journal of the Society of Georgia Archivists

We all move; about twenty million Americans traded places last year. Most of them trucked the furniture themselves. Archivists delight in moving no more than the next person, but their professional training and experience prepares them better than does probably anyone else's. Whether they implement their knowledge is another matter; this article describes the ideal.

Short Subjects: Suggestions For Moving University Archives, Dennis S. Taylor

Provenance, Journal of the Society of Georgia Archivists

Moving archival material is, in most situations, a formidable task that requires weeks or months of preparation. Even in a college or university setting where optimal conditions supposedly prevail, moving material may still require weeks or months because individuals from levels of the organizational hierarchy, as well as the student body, are affected or involved. Whereas another type of archival repository might shut down for the duration of a move, a university archives (located more than likely within a library) cannot, because it serves users who want ready access to the holdings. A quick and efficient move is, therefore, in …

Back Matter, Margery N. Sly

Provenance, Journal of the Society of Georgia Archivists

No abstract provided.

Case Marking Strategies In Kope, John M. Clifton

Work Papers of the Summer Institute of Linguistics, University of North Dakota Session

From the introduction: "In this paper I will examine case marking strategies in Kope, a Papuan language of Papua New Guinea, in light of claims made by Foley (1986:92-98). Foley makes a basic distinction between 'core' and 'peripheral' case relations in his typological study of case marking in the Papuan languages of New Guinea. Core relations include actor and undergoer, while peripheral relations include instrument, locative, and temporal. Syntactically, Foley claims that most Papuan languages have one strategy for marking core relations, and another strategy for marking peripheral relations.

"A third group of relations discussed by Foley includes the beneficiary …

Front Matter For Sil-Und Work Papers Vol. 34 (1990)

Work Papers of the Summer Institute of Linguistics, University of North Dakota Session

No abstract provided.

Panel Discussion Symposia: 1990: I - Accountability For State-Sponsored Human Rights Violations; Ii - The Circumvention Of Accountability; Iii - Achieving Accountability By Alternative Means, Kenneth Anderson, Ruti Teitel, Roberto Garraton Merino, Felipe Michelini, Alejandro Garro, Jaime Malamud-Goti

Presentations

Dedicated to the Memory of Owen M. Kupferschmid As the program indicates, the next panel addresses the issues of punishment, amnesties and pardons. The last ten years have witnessed in Latin America and other regions of the world, transitions from military regimes to democratically elected regimes. This shift has brought a call for a response by the legal systems to the gross abuses of prior military dictatorships and to the massive violations of basic human rights, including disappearances and torture.' This response took the form of trials of military officers in Argentina and other places.2 Amid this call for trials …

Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. J. A. Croson, Co., David Barnhizer

Cleveland State Law Review

The first part of this article examines some of the main features of Finnis's theory of natural law. It suggests that Finnis offers a "soft" theory of natural law anchored in a richer and more realistic conception of human nature than has generally characterized natural law theory. It brings forth the role of Aristotelian practicality in Finnis's thinking. Finally, the first part of the article discusses the roles of what Finnis calls basic human goods, attempting to suggest how the particular basic human goods he advances intuitively provide an important component of a framework for a more realistic variety of …

Justification In The Killing Of An Innocent Person, John Makdisi

Cleveland State Law Review

It is appropriate to call Finnis' approach to life as an incommensurable basic human good a natural law approach. It suggests that there is more to life than just an accumulation of wealth, happiness, value, etc. There is something about life that we cannot value, that we cannot measure, that we cannot fathom, that is mysterious. While contract and even some tort law are readily adaptable to arguments of economic efficiency, there are areas where such arguments do not belong. Specifically, where the end result cannot be measured because the values at stake are incommensurable, there may be no best …

The Rule Of Law And The Rule Of Laws, David F. Forte

Cleveland State Law Review

The thesis of this article is that, for the Rule of Law to be maintained in a modern technological society, the legal system must affirmatively tolerate a range of justifiable non-compliance. I begin with a rather strong definition of the Rule of Law, one that encompasses not merely the procedural desiderata of Lon Fuller, but also the notion that the Rule of Law has a substantive content (the common good) and that it necessarily binds the rulers as well as the ruled. I posit as an opposite phenomenon to the Rule of Law, the rule of laws, or the term …

The Value Of Life, Lewis A. Kornhauser

Cleveland State Law Review

This comment asks, in the context of cost-benefit analysis, what consistency requires. How much variation, if any, in valuation of life is justifiable? Inevitably, questions concerning the moral foundations of economic valuations of life will arise. Section 1 presents some evidence of variation among agency and academic valuations of life. It also outlines three different approaches to evaluation of health and safety projects. The variation detailed at the outset of section 1 is among aggregate, preference-based values of life. The subsequent discussion argues for the following claims. First, the most justifiable, "economic" approach to the evaluation of health and safety …

Concluding Reflections, John Finnis

Cleveland State Law Review

A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer

Cleveland State Law Review

On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …

Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi

Cleveland State Law Review

Recent count indicates that 10,000 Americans now remain, for whatever reason, in an incurable and persistent vegetative condition, trapped in a state of life made possible by aggressive life support systems. A dilemma exists: How do these non-cognitive individuals fit into the legal definitions of life and death? What rights do they, their guardians, or others have in decisions concerning artificial life support, including nutrition and hydration? To resolve the dilemma, a policy based on sound reasoning needs to be established in Ohio to determine if and when the termination of life support, including nutrition and hydration, can occur. Recently, …

Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley

Cleveland State Law Review

What we need is a uniformly accepted theory that explains the tort liability system in terms of its ultimate social function. The reason we don't have one, I will argue, is that our understanding of the tort liability system has been skewed by an earlier, flawed attempt at descriptive theory. Before embarking on a new search for a descriptive theory, we first ought to formulate a search plan, sometimes called, forbiddingly, a "theoretical methodology." Using John Finnis's social science methodology, we can identify the two halves of the focal case of tort liability: intentional battery and negligent infliction of personal …

The Concept Of The Self In Legal Culture, Lawrence M. Friedman

Cleveland State Law Review

This essay is an exploration in the domain of legal culture, or, in other words, an exploration of those social ideas and concepts that shape and underpin the law.' Specifically, it is about the concept of the individual, or the self, and how this concept makes its mark on the legal order. The basic theme of this essay can be wrapped up in one small package: society, and law, has moved in the direction of expressive individualism over the last century or so, especially in the last few decades. Whatever the sources of this change "outside" the legal system, its …

Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett

Cleveland State Law Review

This note is concerned with the question currently facing the courts: once an embryo is frozen, what should become of it in a dispute over what should happen to it, and who has the right to make that decision? In addressing this question, this note will first establish the process through which frozen embryos are created, and the resulting dilemma of definitional problems among the medical and legal professions. Next the article will survey the current state of the law to discover how prenatal beings have been treated traditionally, how this should affect frozen embryo disposition, and how trends are …