Digital Commons Network^™

The Unified Speech Period Of A Bilingual Child, Gary Frank Wood

Dissertations and Theses

Previous studies of bilingual infants learning their languages simultaneously have suggested that such children go through what is known as a unified speech period in which they make no differentation between the languages in question and in which they frequently use mixed utterances (Arnberg, 1987; Grosjen, 1982; Leopold, 1939; & Skutnabb-Kangas, 1981). To test the validity of the claim that there is such a period, an English-Japanese bilingual child from one year and six months of age (1;6) through two years and six months of age (2;6) was observed and his speech recorded.

Terrain Disturbances By Winter Roads In The Lower And Central Mackenzie River Valley, N.W.T., Canada, Christoph Gnieser

Dissertations and Theses

Winter roads, built from compacted snow and I or ice, are common throughout the circumpolar North. They are considered effective and economical means of providing seasonal access into permafrost terrain while minimizing the potential for environmental damage.

The purpose of this study is an appraisal of long-term environmental impacts of winter roads by comparative assessment of terrain morphology, microclimate, permafrost, soils, and vegetation, on winter road right-of-ways and in adjacent undisturbed control areas.

The Relationship Between Reading Comprehension And Self-Esteem In Low Level Reading Adults, Judy Rosen Heumann

Dissertations and Theses

The purpose of this study was to determine if a correlation existed between reading comprehension and self-esteem in adults with no reading ability to adults reading at the fifth grade level. Reading comprehension was measured by the comprehension section of the Brigance Diagnostic Comprehensive Inventory of Basic Skills in half year increments after primer level, from lower first to upper third grade. Full year increments were indicated from fourth through ninth grade. Self-esteem was self-reported through use of the Counseling form of the Tennessee Self Concept Scale. Data were collected during Fall term, 1989 (September through December) at Portland Community …

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

Articles

This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …

Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider

Articles

One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …

Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier

Articles

Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …

Patenting The Human Genome, Rebecca S. Eisenberg

Articles

The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …

Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Abstract Forthcoming.

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …

Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada

St. Mary's Law Journal

Abstract Forthcoming.

Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …

Dedication., Ernest A. Raba

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint

St. Mary's Law Journal

Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …

The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal

A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …

Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor

St. Mary's Law Journal

Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …

Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman

St. Mary's Law Journal

Abstract Forthcoming.

Employer's Burden Of Rebutting Prima Facie Case Under Disparate Impact Theory Is One Of Production While Ultimate Burden Of Persuasion Remains With Complainant., Erik R. Sunde

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin Spears Dedication., Thomas R. Phillips

St. Mary's Law Journal

No abstract provided.

Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution., Albert H. Kauffman, Carmen Maria Rumbaut

St. Mary's Law Journal

State constitutions are affirmative grants of power under which both stated and implied fundamental rights can be sought. A proposed test for fundamental rights under the Texas Constitution looks at three factors: the history of the topic within the Texas Constitution and case law; the actual language used in the controlling provision; and the importance of that value to the people of Texas. The declaration of a constitutional right as fundamental certainly has implications for future relationships between the people and the government.

The Edgewood v. Kirby case has the potential to change much in Texas. The case stands for …

What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody

St. Mary's Law Journal

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …