Digital Commons Network^™

Constitutional Theory Beyond Left And Right, Gerard V. Bradley

Journal Articles

Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)

Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.

Enforcing The New International Law Of The Environment, Mary Ellen O'Connell

Journal Articles

New international environmental law is emerging at an unprecedented pace. In addition to the hundreds of treaties already adopted and the many more in the midst of negotiation, a new and important rule of customary international law is developing which obligates States to take steps to prevent environmental harm before it occurs. But can this newly emerging law be enforced? Many have the impression that international environmental law cannot be enforced or is rarely enforced. While it is true that the enforcement picture is not overly impressive, it is not true that enforcement is impossible or cannot be improved. This …

Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver

Journal Articles

The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.

Tort Law: The Languages Of Duty, Jay Tidmarsh

Journal Articles

Summarizing the developments in Indiana tort law is a daunting, perhaps impossible task. In more than 115 reported opinions, state and federal courts wrestled with issues, many of them issues of first impression, which ranged across the spectrum of tort law. A constant thread runs through many of these cases. The thread is duty. Time and again during the past year, Indiana courts were required to decide whether a particular set of facts gave rise to a duty of care by the defendant or an obligation of avoidance by the plaintiff.

Some of the cases involved novel legal duties, while …

Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley

Journal Articles

Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.

Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton

Journal Articles

In Duro v. Reinal the Supreme Court held that Indian tribal courts do not have criminal jurisdiction over nonmember Indians. In so doing the Court extended its earlier holding in Oliphant v. Suquamish Indian Tribe, which had prevented tribes from exercising criminal jurisdiction over non-Indians and struck a serious blow to tribal sovereignty. The Oliphant decision has been soundly criticized as ahistorical and even dishonest, as well as essentially ethnocentric. The case also posed grave dangers to tribal people, because of the great number of nonmember Indians who live and work on Indian reservations, and the fact that nonmembers fall …

Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton

Journal Articles

The Federal Circuit reviews Indian claims because Congress combined the former Court of Claims, which had jurisdiction over Indian claims, with the Court of Patent and Customs Appeals to create the new Claims Court. The jurisdiction of the Court of Claims also included some patent cases as well as tax, contract, pay suits, takings cases, and congressional reference cases. Congress added the Court of Claims to this mix in part to counter the argument that the two new courts, the Claims Court and the Federal Circuit, would become overly specialized.

Indian claims comprise only a tiny portion of the jurisdiction …

Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jr.

Journal Articles

Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …

Constructing And Testing Practical Procedures For Describing A Corporate Culture: The Electric Troublemen, Timothy S. Vonder Edd

Dissertations

During the 1980s much attention was focused on trying to understand and apply the concept of corporate culture. Scholars and practitioners worked on clarifying the definition of culture as it applies to workplace settings. Scholars adapted the anthropological concepts of culture to fit within the framework of a business organization. Both scholars and practitioners attempted to investigate the cultures of many organizations throughout the business world. Scholars conducted lengthy case studies and used a mixture of qualitative and quantitative techniques. Business world practitioners conducted short studies and used mostly quantitative survey techniques. What was found was that the scholarly approach …

An Evaluation Of Student Perceptions Of Academic Advising In A Rn/Bsn Distance Educational Nursing Program, Barbara A. Trent Edd

Dissertations

Over the past decade, RN/BSN programs have gained popularity across the nation with an emphasis upon structural flexibility and/or adult student learning principles. Research has shown a positive association between advisement and decreased attrition rates for this unique student body. The purpose of this research was to determine from the perception of students enrolled in a RN/BSN educational program, the importance of advisement in relation to three elements: functions, outcomes and advisor style. It was also the purpose to determine if these three elements had either been provided, achieved or employed, respectively, by their advisors. An evaluative design was used …

Nontidal Wetlands Protection In Maryland And Virginia, Richard H. Mcneer

Maryland Law Review

No abstract provided.

What Is A Tort Claim? An Interpretation Of Contemporary Tort Reform, Kenneth S. Abraham

Maryland Law Review

No abstract provided.

Cheek V. United States: Finally, A Precise Definition Of The Willfulness Requirement In Federal Tax Crimes, Dwight W. Stone Ii

Maryland Law Review

No abstract provided.

Maryland's Right Of In Banc Review, John J. Connolly

Maryland Law Review

No abstract provided.

The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman

Maryland Law Review

No abstract provided.

The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy

Maryland Law Review

No abstract provided.

Particle Size And Velocity Measurements In Two Phase Flows Using Laser Doppler Velocimetry, Joseph Parker

Honors Theses

Laser Doppler Velocimetry is used in fluid mechanics to measure the velocity of particles in fluid flows. A small particle exhibits motion closely corresponding to the fluid behavior because of its ability to follow high frequency flow fluctuations. Large particles do not follow the flow field precisely but represent a second phase. This project used LDV to measure the size and velocity of particles in two phase flows by computer analysis of the Doppler signal.

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation., Joel Seligman

Scholarship@WashULaw

Recently I had the opportunity to apply an unused procedure in a shareholder derivative litigation. In 1989 Michigan amended its Business Corporation Act to allow a court under specified circumstances to appoint a "disinterested person" to perform fact gathering functions similar to those of a German investigative judge. In 1991 I was appointed to be the disinterested person in a derivative litigation involving Rospatch Corporation. The experience persuaded me that compared to litigation and the special litigation committee, the disinterested person approach may often have significant advantages in terms of reduction of litigation costs, procedural fairness, and protection of shareholders.

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright …

Virginia Dental Journal (Vol. 69, No. 2, 1992)

Virginia Dental Journal

No abstract provided.

Virginia Dental Journal (Vol. 69, No. 1, 1992)

Virginia Dental Journal

No abstract provided.

Going Naked Into The Thorns: Consequences Of Conducting An Environmental Audit Program, Linda Richenderfer, Neil R. Bigioni

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Recovery Of Response Costs Under Cercla: A Question Of Causation Under Dedham Water Co. V. Cumberland Farms Dairy, Inc., Kim Kocher

Villanova Environmental Law Journal (1991 - )

No abstract provided.

An Expansion Of Corporate Successor Liability Under Cercla: United States V. Distler, Susan M. Girard

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Deferred Cost-Sharing Through Title Iv Of The 1990 Clean Air Act Amendments, Richard L. Trumka

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Shame And The Church Dropout: The Effect Of Embarrassment, Humiliation, And Shame On Church Attendance In Small Rural Churches , Wallace Bernard Cason

ATS Dissertations

No abstract provided.

Church Planting Strategies And Methods For Harvest Community Church Of God , Thomas E. Pauquette

ATS Dissertations

No abstract provided.

An Analysis Of The Unique Growth At Evangel Christian Life Center In Louisville, Kentucky With Insights Recognized By The Church Growth Movement , Dossie Morris Wood

ATS Dissertations

No abstract provided.

On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.